Guwahati, April 25: The Gauhati High Court on Friday, April 24, rejected the anticipatory bail application of senior Congress leader Pawan Khera, who is facing an FIR filed by Riniki Bhuyan Sharma — wife of Assam Chief Minister Himanta Biswa Sarma — over allegations that Khera publicly claimed she held multiple passports. The order was pronounced by a single-judge bench of Justice Parthivjyoti Saikia, who had reserved the verdict on April 21 after hearing extensive arguments from both sides. The detailed judgment is yet to be released.

What Arguments Were Made in Court

Senior advocate Abhishek Manu Singhvi, representing Khera, told the court that the case was politically motivated, arguing that the allegations stemmed from remarks attributed to the Chief Minister himself. He contended that the charged atmosphere ahead of upcoming elections raised serious concerns about fairness in the proceedings.

Singhvi further argued that Khera posed no flight risk and that custodial interrogation was entirely unwarranted. He maintained that the allegations, at best, could amount to criminal defamation — a matter that does not necessitate arrest.

Senior counsel Kamal Nayan Choudhury supported these arguments, calling the charges "scandalous" and asserting they were framed with "deliberate malice." He argued that the nature of the allegations did not justify invoking serious penal provisions and that the matter could be resolved through a private complaint.

Assam Government's Counterarguments

Assam Advocate General Devajit Lon Saikia strongly opposed the bail plea, arguing that the case went far beyond defamation. He submitted that the FIR involved grave offences including cheating, forgery, and alleged fabrication of documents and title deeds — charges that warranted custodial investigation to uncover the full scope of the alleged conspiracy.

The FIR, registered at the Guwahati Crime Branch Police Station, invokes multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including sections related to false statements, cheating, forgery, and defamation — a combination that significantly elevated the legal stakes for Khera.

Complex Legal Journey Before Gauhati HC

The case has traversed multiple courts in a short span of time. The Telangana High Court had granted Khera a week's transit anticipatory bail on April 10, providing him a window to approach the competent court. However, the Supreme Court of India stayed this relief on April 15 after Assam Police challenged the order.

The apex court subsequently declined Khera's plea to vacate the stay and also refused to extend any interim protection to him. Crucially, the Supreme Court clarified that its earlier observations should not influence the competent court in Assam while deciding the bail application — paving the way for the Gauhati High Court hearing.

Earlier this month, Assam Police conducted searches at Khera's residence in Delhi and also visited Hyderabad in connection with the case, signaling an aggressive investigative approach by the state machinery.

Political and Legal Implications

The rejection of Khera's anticipatory bail puts the Congress leader in a precarious legal position. With no protective order in place, Assam Police now has a clear path to arrest him, which could escalate the political confrontation between the Congress party and the Assam government significantly.

This case is emblematic of a broader pattern of legal battles between opposition leaders and ruling state governments across India, where FIRs involving defamation and forgery have increasingly become instruments of political contestation. Critics of the ruling establishment argue that invoking serious penal provisions like forgery and cheating — alongside defamation — substantially raises the threshold for bail, effectively functioning as a tool of political pressure ahead of elections.

Notably, the Congress party has rallied behind Khera, framing the case as an attempt to silence political dissent. The party has pointed out that the allegations originated from Khera's public statements questioning whether the Chief Minister's wife held multiple passports — a political claim that the Sarma family has categorically denied and responded to through legal channels.

What Happens Next

With the Gauhati High Court having rejected anticipatory bail, Pawan Khera may approach the Supreme Court once again seeking emergency protection. Alternatively, Assam Police could move to arrest him in the near term, which would then trigger a fresh round of bail hearings in a lower court.

The detailed judgment from Justice Parthivjyoti Saikia is awaited and is expected to shed light on the legal reasoning behind the rejection — a document that will be critical for any further appeals. As elections loom and political temperatures rise, this case is likely to remain a flashpoint between the Congress and the BJP-led Assam government for weeks to come.