NEW DELHI ,24 April 2026 : Congress leader Pawan Khera is not a flight risk and the case against him – concerning remarks against Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma – is politically motivated, Senior Advocate Abhishek Manu Singhvi told the Gauhati High Court Friday.
Arguing for anticipatory bail, Singhvi also questioned the need for custodial interrogation.
Opposing the plea, Devajit Saikia, the Advocate-General of Assam, said the allegations involved included serious offences like cheating and forgery, and were not confined to defamation.
The court agreed with Saikia, noting the case could not be treated as that of defamation only since it involved more serious allegations, specifically materials indicating an offence, prima facie, under provisions related to forgery as listed in the Bharatiya Nyaya Sanhita (BNS).
In a setback for Khera, the court rejected his request for anticipatory bail.
The court also made a key distinction regarding the nature of the allegations, noting that the statements were directed at a private individual and not a political figure.
“If the allegations were made against the Chief Minister, the matter would have been political rhetoric. But, to gain political mileage, the petitioner has dragged an innocent lady into the controversy,” the court observed.
The court ruled that custodial interrogation of the Congress leader was necessary to establish the source and authenticity of the documents cited by him. “… to find out who are the associates, and how and from where they had collected those documents,” the order stated.
The court further noted the petitioner had not cooperated with the investigation and rejected the argument the case is politically motivated.
“There are no materials to suggest the accusations are intended to injure and humiliate the applicant,” the court said, adding the case seemed to be aimed at ‘furthering ends of justice’.
Khera, the Congress’ media and publicity department chief, had alleged Riniki Sharma held multiple passports and undisclosed overseas assets. She holds three passports – from the UAE, Egypt, and Antigua-Barbuda – as well as two properties in Dubai and assets in shell companies, he claimed in a press conference days before the Assam election.
Riniki Sharma then filed a criminal case against Khera and others under sections pertaining to cheating, defamation, the forgery of valuable will and electronic record, and intentional insult.
On April 10, Pawan Khera approached the Telangana High Court for transit anticipatory bail and secured interim protection for a week. But, five days later, an Assam Police plea before the Supreme Court led to that protection being stayed. Khera was told to apply in Gauhati instead.
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