Anticipatory Bail Hangs in Balance as Gauhati High Court Reserves Order in Pawan Khera Case
(By Syed Ali Taher Abedi)
Guwahati, Tuesday: The Gauhati High Court on Tuesday reserved its verdict on a plea for anticipatory bail moved by Congress leader Pawan Khera in connection with a criminal case registered against him by the Crime Branch of the Assam Police.
The matter came up for hearing before Justice Parthiv Jyoti Saikia, who, after hearing extensive submissions from both the defence and the prosecution, reserved orders.
According to court sources, the judgment is likely to be pronounced either later in the day or on Wednesday, keeping all eyes on the High Court for a crucial determination on Khera’s plea for pre-arrest protection.
Allegations and FIR Background
The criminal case against Khera originates from allegations of defamation, forgery, and criminal conspiracy.
The FIR was registered following statements made by Khera in which he alleged that Assam Chief Minister Himanta Biswa Sarma’s wife, Rinki Bhuyan Sarma, possessed multiple foreign passports and had undisclosed assets abroad.
These claims triggered a strong response from the Assam government, leading to the registration of the case by the state’s Crime Branch in Guwahati. The allegations have since snowballed into a significant legal and political controversy, drawing national attention.
Police Action and Khera’s Legal Moves
In the course of the investigation, Assam Police officials visited Khera’s residence in Delhi on April 7.
However, he was not present at the premises at the time. Anticipating coercive action, Khera subsequently approached the Telangana High Court seeking transit anticipatory bail.
On April 10, the Telangana High Court granted him interim protection for a period of one week, enabling him to approach the competent court in Assam for anticipatory bail.
This relief, however, was challenged by the Assam government before the Supreme Court of India.
Supreme Court Intervention
On April 15, the Supreme Court stayed the Telangana High Court’s order granting transit anticipatory bail. Khera subsequently moved the apex court seeking vacation of the stay and extension of the interim protection.
However, the Supreme Court declined to grant any further relief, refusing both to vacate the stay and to extend the transit bail period.
Instead, the apex court directed Khera to approach the Gauhati High Court for appropriate relief, effectively paving the way for the present proceedings.
Submissions Before the High Court
During the hearing on Tuesday, Senior Advocate Abhishek Manu Singhvi led the arguments on behalf of Khera, assisted by Advocates Shariq Ahmed and Aman Wadud.
The defence is understood to have argued for protection against arrest, contending that the case is politically motivated and that custodial interrogation is unwarranted.
Additionally, Senior Advocate Kamal Narayan Choudhury, President of the Gauhati High Court Bar Association, appeared in the matter on behalf of Pawan Khera, where both sides presented detailed legal arguments.
On the other hand, the State of Assam was represented by Advocate General Debjit Saikia, who opposed the grant of anticipatory bail, emphasizing the seriousness of the allegations and the need for a thorough investigation.
Awaiting Judicial Determination
With the order now reserved, the case has reached a stage, and the High Court’s ruling is expected to have significant implications not only for Khera but also for the broader legal and political discourse surrounding the matter.
The forthcoming decision will determine whether Khera is granted protection from arrest or whether investigating agencies will be allowed to proceed with coercive steps in the case.
