Pawan Khera not flight risk, counsel tells Gauhati HC hearing Congress leader’s anticipatory bail plea

Pawan Khera is not a flight risk and there is no need for his arrest, his counsel argued in the Gauhati High Court, which on Tuesday heard the Congress leader’s anticipatory bail plea over an FIR lodged by the Assam CM’s wife for alleging she held multiple passports.

A single bench of Justice Parthiv Jyoti Saikia reserved the final order after hearing both sides for over three hours.

Senior advocate Abhishek Manu Singhvi, who appeared for Khera via video conferencing, argued that the remarks made by Chief Minister Himanta Biswa Sarma in response to the Congress leader’s allegations point to political vendetta, especially in the context of the Assembly elections in the State.

Assam Advocate General Devajit Lon Saikia opposed granting any relief to Khera, submitting that this is not a simple defamation case, as the matter involves the forgery of documents and title deeds. Saikia pointed out that the dominant offences are cheating and forgery. He argued that Khera is not entitled to interim protection as he is a “flight risk”.

The Congress spokesperson had moved the Gauhati High Court on Monday seeking anticipatory bail in connection with the case registered against him by the CM’s wife, Riniki Bhuyan Sharma for alleging that she possessed multiple passports and undisclosed properties abroad.

She filed criminal cases against Khera and others at the Guwahati Crime Branch police station under sections of the Bharatiya Nyaya Sanhita, including 175 (false statement in connection with an election), 35, 36, 318 (cheating), 338, (forgery of valuable will, security etc.), 337 (forgery of record of court or of public register, etc), 340 (forged document or electronic record and using it as genuine), 352 (intentional insult with intent to provoke breach of peace), and 356 (defamation).

The Telangana High Court had earlier granted Khera a seven-day transit anticipatory bail, but the Supreme Court stayed the order.