FIR By Assam CM's Wife: Pawan Khera Moves Supreme Court After Gauhati HC Denies Anticipatory Bail

The case stems from an FIR registered by the Assam Police following a complaint by Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma. The complaint was filed after Khera, during a press conference, alleged that Sharma held multiple foreign passports and undisclosed assets abroad.

The Guwahati Police registered the FIR invoking multiple provisions of the Bharatiya Nyaya Sanhita, including Sections 175, 35, 36, 318, 337, 338, 340, 352 and 356 (corresponding to the Indian Penal Code Sections 171G, 97, 98, 415, 466, 467, 471, 504 and 499, respectively) which broadly deal with allegations of false statements linked to elections, cheating, different forms of forgery and use of forged documents, intentional insult, and defamation.

Notably, on April 24, the Gauhati High Court rejected Khera’s anticipatory bail plea, observing that the allegations went beyond political rhetoric. The Court noted that while criticism directed at a public figure could fall within political discourse, Khera had “dragged an innocent lady” into the controversy.

The High Court further held that custodial interrogation of Khera was necessary to ascertain the source of the documents relied upon by him to make the allegations. It also observed that this was not a “simple case of defamation” and that the material on record prima facie suggested the commission of cognisable offences, including those relating to possession and use of forged documents.

The Court additionally remarked that Khera appeared to be avoiding investigation, strengthening the case for custodial interrogation at this stage.

The litigation has seen multiple rounds across courts. Earlier, Khera had approached the Telangana High Court, which on April 10 granted him one week’s transit anticipatory bail to enable him to seek relief before a competent court in Assam.

However, the Assam government challenged this relief before the Supreme Court, which on April 15 stayed the Telangana High Court’s order. Subsequently, on April 17, the apex court declined to extend the transit protection and directed Khera to approach the jurisdictional court in Assam for anticipatory bail. The Supreme Court had also clarified that neither its own observations nor those of the High Court should influence the consideration of Khera’s bail plea.

Following this, Khera moved the Gauhati High Court, which ultimately rejected his application.

In his plea before the High Court, Khera had argued that his statements were made in a political context and were selectively interpreted to initiate criminal proceedings. He further contended that the FIR was driven by political vendetta, given that the complainant is closely related to the sitting Chief Minister. Despite these submissions, the High Court found insufficient grounds to grant him pre-arrest protection.

It is to be noted that the anticipatory bail granted to the Congress leader for a period of one week in connection with an FIR registered in Assam over his allegations regarding multiple passports and foreign assets linked to the wife of Assam Chief Minister Himanta Biswa Sarma was recently challenged before the Supreme Court.