Politics – Congress to Move Supreme Court After Bail Denial to Pawan Khera
Politics – The Congress party on Saturday announced its decision to approach the Supreme Court after the Gauhati High Court declined to grant anticipatory bail to its senior leader Pawan Khera. The party voiced strong support for Khera, stating that it would continue to pursue legal remedies while expressing confidence in the judicial process.
Party Backs Leader Amid Legal Setback
Congress general secretary in charge of communications, Jairam Ramesh, said the party stands firmly with Khera, who heads its Media and Publicity Department. In a public statement, Ramesh noted that preparations are underway to challenge the high court’s decision at the apex court. He emphasized that the party believes the legal system will ultimately ensure fairness despite what he described as an atmosphere of pressure and intimidation.
High Court Rejects Anticipatory Bail Plea
The Gauhati High Court on Friday dismissed Khera’s anticipatory bail application. The plea had been filed earlier in the week after the Supreme Court advised him to seek relief from the high court first. The case relates to remarks made by Khera during a press conference, where he raised allegations concerning Assam Chief Minister Himanta Biswa Sarma’s family.
Justice Parthiv Jyoti Saikia, who presided over the matter, ruled against granting anticipatory protection from arrest. The court noted that the case involved issues that went beyond simple defamation and warranted closer scrutiny.
Complaint Filed Following Press Conference
The legal proceedings stem from a complaint filed by Riniki Bhuyan Sharma, the chief minister’s wife, at the Guwahati Crime Branch Police Station. The complaint was registered under multiple provisions of the Bharatiya Nyaya Sanhita (BNS). It followed Khera’s claims about alleged possession of multiple passports and undisclosed foreign assets.
Authorities initiated an investigation into the matter, leading to Khera seeking legal protection against possible arrest.
Court Observations on Nature of Allegations
In its order, the high court observed that the case could not be treated as a straightforward defamation issue. It pointed to the presence of additional allegations that required investigation. The court also indicated that there was sufficient preliminary material suggesting a potential violation under Section 339 of the BNS, which pertains to possession of forged documents or electronic records.
The bench further remarked that Khera had not fully cooperated with the ongoing investigation, a factor that influenced its decision to deny anticipatory bail.
Need for Custodial Interrogation Highlighted
The court stated that custodial questioning might be necessary to establish how the documents in question were obtained and to identify any individuals who may have assisted in collecting them. This, the court noted, was important for a thorough investigation into the claims made during the press conference.
Earlier Legal Proceedings and Supreme Court Direction
Before approaching the Gauhati High Court, Khera had sought relief from the Telangana High Court, citing his residence in Hyderabad. That court granted him a limited period of transit anticipatory bail for seven days. However, the Assam Police challenged this relief in the Supreme Court.
The apex court subsequently stayed the Telangana High Court’s order and directed Khera to present his case before the Gauhati High Court, which ultimately rejected his plea.
Congress Signals Continued Legal Battle
With the high court denying relief, the Congress party has made it clear that it will escalate the matter to the Supreme Court. Party leaders maintain that the case will be contested through legal channels and have reiterated their belief that the judiciary will deliver a fair outcome.
The development marks another chapter in the ongoing political and legal confrontation, with the final outcome now likely to depend on proceedings in the country’s highest court