The Gauhati High Court on Friday turned down the anticipatory bail application moved by Congress leader Pawan Khera in an FIR lodged on the basis of a complaint by Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma.
A Bench of Justice Parthivjyoti Saikia, which had heard arguments from both sides on Tuesday (21 April), had reserved its verdict. The court pronounced the rejection on Friday (24 April), as confirmed by Congress leader and one of the counsels in the case, Aman Wadud.
A detailed order is expected to be uploaded later in the day.
Khera had approached the Gauhati High Court on Monday (21 April), after the Supreme Court last Wednesday put on hold a Telangana High Court order that had granted him transit anticipatory bail and asked him to seek relief from the appropriate court in Assam.
Appearing for Khera, his counsel had submitted that he is not a flight risk and that there is no necessity to arrest him.
Senior advocate Abhishek Manu Singhvi, who represented him, contended that remarks made by Chief Minister Himanta Biswa Sarma against Khera smack of "political vendetta" and that his client cannot hope for a fair process.
Assam Advocate General Devajit Saikia, opposing the plea, submitted that the matter is not a "simple defamation case", but one in which the primary offences relate to cheating and forgery.
He further argued that Khera is a flight risk and does not deserve interim protection.
The case stems from a press conference on 5 April, when Khera claimed that Riniki Bhuyan Sarma possesses three passports.
He also circulated copies of documents that he alleged pointed to properties in her name in the UAE and a firm registered in the United States, which he said had not been declared in the Chief Minister's election affidavit.
The following day, Bhuyan filed a complaint rejecting the allegations as false and calling the documents forged.
An FIR was then registered by the Crime Branch naming Khera and "unknown others" as accused.
The charges include making false statements in connection with an election, cheating, multiple counts of forgery, criminal intimidation, intentional insult with intent to provoke breach of peace, statements conducing to breach of peace, defamation and criminal conspiracy.
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