Pawan Khera moves Gauhati High Court for anticipatory bail in defamation case

Congress leader Pawan Khera on April 20 approached the Gauhati High Court seeking anticipatory bail in a case filed by Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma, over allegations relating to multiple passports and offshore assets.

The plea follows directions from the Supreme Court of India, which declined to grant Khera interim protection from arrest and asked him to seek relief from a competent court in Assam. The apex court also stayed the transit anticipatory bail earlier granted to him by the Telangana High Court and said the Gauhati High Court should decide the matter independently.

The controversy stems from statements made by Khera ahead of the recent Assembly elections, where he alleged that Sharma possessed passports from the UAE, Egypt, and Antigua and Barbuda, and had acquired foreign citizenships between 2021 and 2022. He also claimed that the Chief Minister did not disclose his wife’s overseas assets in his election affidavit.

Sarma and Sharma rejected the allegations, calling them fabricated and misleading. They alleged that the claims were based on manipulated or AI-generated material and linked their origin to a Pakistani YouTube channel. Sharma subsequently initiated criminal and civil defamation proceedings against Khera.

Police booked Khera on charges including making false statements in connection with an election and cheating.

Earlier, Khera had secured limited transit anticipatory bail from the Telangana High Court on April 10. The relief was later put on hold by the Supreme Court following a plea by the Assam government. The top court also refused to extend protection from arrest until April 20, reiterating that Khera must approach the jurisdictional court in Assam.

During the hearing, senior advocate Abhishek Singhvi, appearing for Khera, argued that his client was not a flight risk and sought interim protection to allow him to move the Gauhati High Court. A bench of Justices J K Maheshwari and Atul S Chandurkar declined the request, stating that Khera was free to seek urgent relief before the appropriate court in Assam.

Separately, a local court in Guwahati rejected Assam Police’s request for a non-bailable warrant against Khera. The Chief Judicial Magistrate, Kamrup Metro, observed in an April 7 order that the grounds cited were based on presumptions and lacked material evidence.

The court also noted that since the offences are cognisable and non-bailable under the Bharatiya Nyaya Sanhita, the police already have the authority to arrest without a warrant, making such a request unnecessary at this stage.