Gaurav Gogoi targets Himanta after SC rebuke in Pawan Khera case, alleges corruption and panic

Congress leader Gaurav Gogoi on May 1, reacted to the Supreme Court of India’s observations in the case involving party spokesperson Pawan Khera, making remarks on Assam Chief Minister Himanta Biswa Sarma.

In a post on X, Gogoi said the chief minister’s response reflected “guilt and panic” and alleged corruption and intimidation during his tenure.
 

The remarks came after the Supreme Court criticised the observations made by the Gauhati High Court while denying anticipatory bail to Khera in a case linked to his alleged remarks against Riniki Bhuyan Sarma.

A bench of Justices JK Maheshwari and Atul S Chandurkar observed that the high court’s findings appeared “erroneous” and were not based on proper appreciation of the material on record.

The apex court also noted that the allegations and counter-allegations in the matter appeared “prima facie politically motivated” and influenced by political rivalry, rather than disclosing circumstances requiring custodial interrogation.

Allowing Khera’s appeal, the Supreme Court directed that he be granted anticipatory bail in the event of arrest, subject to conditions imposed by the investigating officer.

The court further held that the high court had wrongly shifted the burden onto the accused and made unnecessary observations regarding provisions of the Bharatiya Nyaya Sanhita that were not part of the FIR.

The case stems from allegations made by Khera against Riniki Bhuyan Sarma, wife of the Assam chief minister, following which Assam Police had registered an FIR. The Gauhati High Court had earlier denied him anticipatory bail on April 24.

The Supreme Court directed Khera to cooperate with the investigation, refrain from influencing witnesses or tampering with evidence, and not leave India without prior permission from the competent court.

The bench clarified that its observations were limited to the consideration of the bail plea and would not affect the merits of the ongoing investigation or trial proceedings.