Guwahati (Assam) [India], April 24 : Observing that the case goes beyond the realm of simple defamation and discloses a prima facie offence under the Bharatiya Nyaya Sanhita, 2023, the Gauhati High Court on Friday refused to grant anticipatory bail to Congress leader Pawan Khera.
The court held that custodial interrogation is necessary to uncover the origin and authenticity of the documents relied upon by him and to identify the persons involved in their procurement.
Justice Parthivjyoti Saikia, while rejecting the plea, noted that the allegations made by Khera during a press conference in Guwahati regarding Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma, were based on documents which, according to the investigation so far, appear to be false.
The Court recorded that Khera has not substantiated his claims "beyond doubt" and has failed to demonstrate that the documents relied upon by him are genuine.
The Court made a significant observation that the matter "cannot be termed as a case of defamation simpliciter," as there are sufficient materials to indicate a prima facie offence under Section 339 of the BNS. It further noted that after the FIR was lodged, the petitioner did not assert that the documents were falsely attributed to him by the police, which lends weight to the prosecution's case at this stage.
Taking note of the nature of allegations, the Court observed that an "innocent lady has been dragged into the controversy," and that the claims made against her, such as holding multiple foreign passports and operating a foreign company with large investments, remain unproven.
On the issue of arrest, the Court relied on settled principles governing anticipatory bail and emphasised that such relief cannot be granted as a matter of routine, especially where the investigation requires custodial interrogation. It held that interrogation in custody is necessary to ascertain who collected the documents, how they were sourced, and whether there was any larger conspiracy involved.
The Court also noted that the petitioner had been avoiding the investigation, which weighed against the grant of pre-arrest bail.
At the same time, the Court clarified that there is nothing on record to suggest that the prosecution was actuated by mala fide intent to humiliate the petitioner. Rather, the accusations appear to have been made in furtherance of the investigation and administration of justice.
In view of these findings, the Court held that Khera does not deserve the discretionary relief of anticipatory bail and dismissed the application.
Gauhati High Court rejected an anticipatory bail petition filed by Congress leader Pawan Khera in connection with an FIR lodged by Riniki Bhuyan Sharma, wife of Assam Chief Minister Dr Himanta Biswa Sarma. The FIR was registered following Khera's press conference on April 5, 2026, in Guwahati, where he made allegations regarding Sharma's alleged foreign citizenship and overseas financial interests, claims she has categorically denied.