The Gauhati High Court has rejected the anticipatory bail application of Congress leader Pawan Khera in connection with an FIR registered by the Guwahati Police. The case involves allegations of defamatory remarks and the use of "forged documents" during a press conference regarding the assets and nationality of Riniki Bhuyan Sarma, the wife of Assam Chief Minister Himanta Biswa Sarma.
In a detailed judgment, the court observed that the nature of the allegations and the early stage of the investigation did not warrant the grant of pre-arrest bail. The bench emphasized that custodial interrogation might be necessary for the investigating agency to verify the source of the documents Khera presented and to determine if there was a larger conspiracy involved in the dissemination of the alleged misinformation.
Key Findings of the Court:
- Prima Facie Evidence: The court noted that the state had produced sufficient preliminary material to suggest that the documents used in the press conference were not authenticated and could potentially be fabricated.
- Investigative Necessity: The High Court agreed with the State’s contention that the police need to uncover how the petitioner obtained the documents in question and whether they were created with the intent to cause public mischief.
- High Standard for Bail: The court reiterated that anticipatory bail is an extraordinary remedy and should not be granted in cases where the investigation could be hampered by the lack of custodial access to the accused.
Legal Context and Background:
The rejection follows a complex legal journey through multiple jurisdictions. Khera had previously secured transit bail from the Telangana High Court, which was subsequently stayed by the Supreme Court. The apex court had ultimately directed Khera to approach the jurisdictional court in Assam for regular anticipatory bail, leading to the current proceedings in the Gauhati High Court.
With this rejection, the interim protection previously afforded to Khera effectively ends. The Assam Police are now legally permitted to proceed with coercive measures, including arrest, unless the order is challenged and stayed by a higher bench or the Supreme Court of India.