Guwahati, Apr 21 Pawan Khera is not a flight risk and there is no need for his arrest, his counsel argued in the Gauhati High Court, which on Tuesday heard the Congress leader's anticipatory bail plea over an FIR lodged by the Assam CM's wife for alleging she held multiple passports.
A single bench of Justice Parthiv Jyoti Saikia reserved the final order after hearing both sides for over three hours.
Senior advocate Abhishek Manu Singhvi, who appeared for Khera via video conferencing, argued that the remarks made by Chief Minister Himanta Biswa Sarma in response to the Congress leader's allegations point to political vendetta, especially in the context of the assembly elections in the state.
Singhvi submitted that the petitioner isn't a 'flight risk' and there is no necessity and need for his arrest.
Khera, in his petition, had alleged that the complainant's husband, who also happens to be the incumbent chief minister, has on numerous occasions (in press interactions) and otherwise repeatedly claimed that he will assault the petitioner (once he is in police custody) and will spend his last days in custody.
He also alleged in his petition that the complainant's spouse used derogatory language against him, which ''reflected terribly'' upon the constitutional office held by the chief minister.
Senior Counsel KN Choudhary, who moved the high court on Khera's behalf on Monday, described the allegations against the Congress leader as 'scandalous'.
"The manner, tenor, and packaging of the allegations unmistakably show that they were made with deliberate malice", he submitted.
He also contended that, at best, it is a case of criminal defamation, which can only be pursued through a private complaint.
Assam Advocate General Devajit Lon Saikia opposed granting any relief to Khera, submitting that this is not a simple defamation case, as the matter involves the forgery of documents and title deeds.
Saikia pointed out that the dominant offences are cheating and forgery. He argued that Khera is not entitled to interim protection as he is a "flight risk".
The AG submitted that the petitioner had submitted fake and manufactured documents, seals and stamps to gain political mileage and defame the chief minister and his entrepreneur wife.
The Congress spokesperson had moved the Gauhati High Court on Monday seeking anticipatory bail in connection with the case registered against him by the CM's wife Riniki Bhuyan Sharma for alleging that she possessed multiple passports and undisclosed properties abroad.
Khera, in his petition, submitted that anticipatory bail should be granted to him as the accusations appear to be ''motivated, and appear to have been made to serve some ulterior motive/political vendetta''.
He claimed that there was no ground for arresting him and the respondent is acting in haste, while the ''arbitrary and coercive conduct'' of the police authorities violates his Fundamental Rights.
Khera also pointed out that the Chief Judicial Magistrate, Kamrup (M) has also opined that no grounds for issuance of Non-Bailable Warrants of Arrest were made out from the records, and that the grounds for issuance of NBWAs were based on conjectures and speculations.
Khera, the chairman of AICC's Media and Publicity, had alleged in two press conferences held in New Delhi and Guwahati on April 5 that the chief minister's wife possesses three passports of UAE, Egypt and Antigua and Barbuda—two properties in Dubai and assets in shell companies.
Subsequently, she filed criminal cases against Khera and others at the Guwahati Crime Branch police station under sections of the Bharatiya Nyaya Sanhita, including 175 (false statement in connection with an election), 35, 36, 318 (cheating), 338, (forgery of valuable will, security etc.), 337 (forgery of record of court or of public register, etc.), 340 (forged document or electronic record and using it as genuine), 352 (intentional insult with intent to provoke breach of peace), and 356 (defamation).
Assam Police had subsequently visited Khera's residence in Delhi on April 7, but he was not present there, and he later filed for transit anticipatory bail at the Telangana High Court, which was granted to him for a week.
The Assam Police then moved the Supreme Court against the Telangana High Court's order, and on April 15, the highest Court in an interim order stayed the grant of anticipatory transit bail.
Khera again appealed in the Supreme Court to vacate the stay it imposed on the transit anticipatory bail granted to him by the Telangana High Court, but it was turned down on Friday, and he was instead asked to approach the Gauhati High Court.
Meanwhile, a local court in Guwahati rejected the Assam Police’s plea for issuance of non-bailable warrant (NBW) of arrest against the Congress leader.
Guwahati, Apr 21 Pawan Khera is not a flight risk and there is no need for his arrest, his counsel argued in the Gauhati High Court, which on Tuesday heard the Congress leader's anticipatory bail plea over an FIR lodged by the Assam CM's wife for alleging she held multiple passports.
A single bench of Justice Parthiv Jyoti Saikia reserved the final order after hearing both sides for over three hours.
Senior advocate Abhishek Manu Singhvi, who appeared for Khera via video conferencing, argued that the remarks made by Chief Minister Himanta Biswa Sarma in response to the Congress leader's allegations point to political vendetta, especially in the context of the assembly elections in the state.
Assam Advocate General Devajit Lon Saikia opposed granting any relief to Khera, submitting that this is not a simple defamation case, as the matter involves the forgery of documents and title deeds.
Saikia pointed out that the dominant offences are cheating and forgery. He argued that Khera is not entitled to interim protection as he is a "flight risk".
The Congress spokesperson had moved the Gauhati High Court on Monday seeking anticipatory bail in connection with the case registered against him by the CM's wife Riniki Bhuyan Sharma for alleging that she possessed multiple passports and undisclosed properties abroad.
She filed criminal cases against Khera and others at the Guwahati Crime Branch police station under sections of the Bharatiya Nyaya Sanhita, including 175 (false statement in connection with an election), 35, 36, 318 (cheating), 338, (forgery of valuable will, security etc.), 337 (forgery of record of court or of public register, etc.), 340 (forged document or electronic record and using it as genuine), 352 (intentional insult with intent to provoke breach of peace), and 356 (defamation).
The Telangana High Court had earlier granted Khera a seven-day transit anticipatory bail, but the Supreme Court stayed the order.
