The Gauhati High Court has refused to grant anticipatory bail to Pawan Khera in a case arising out of an FIR lodged by Riniki Bhuyan Sarma, alleging defamatory statements based on purportedly fabricated documents.

The Single Judge Bench of Justice Parthivjyoti Saikia held that the matter could not be treated as a case of “defamation simpliciter”, observing that there existed prima facie material attracting Section 339 of the Bharatiya Nyaya Sanhita, 2023. The Court also noted that the applicant had been avoiding investigation.

At the outset, the Court recorded that while Khera claimed his allegations were based on certain documents, the police had already found those documents to be false. Importantly, the Court observed that Khera had not challenged this claim. Further, the Court found that the applicant failed to substantiate serious allegations, including claims that Sarma held multiple foreign passports or had made significant investments abroad.

The Court took note that Riniki Bhuyan Sarma is not a political figure, and remarked that dragging her into controversy for political mileage could not be justified. It observed that had such allegations been made against the Chief Minister, it may have been considered political rhetoric, but targeting a private individual stood on a different footing.

Crucially, the Court held that custodial interrogation was necessary to ascertain the source and manner of procurement of the allegedly false documents, particularly since the applicant claimed they were collected by his associates. It further observed that the case did not appear to be motivated by an intent to harass or humiliate the applicant, but rather to further the course of justice.

In light of these findings, the Court concluded that the applicant was not entitled to the discretionary relief of anticipatory bail and dismissed the plea.

Appearances:

• For the Petitioner:
  • Abhishek Manu Singhvi, Senior Advocate
  • K. N. Choudhury, Senior Advocate
  • Along with: R. Mali, S. U. Ahmed, R. Singh, Md. A. Rahman, A. M. Ahmed, A. W. Aman, Advocates
• For the Respondent (State):
  • D. Saikia, Senior Advocate & Advocate General, Assam
  • Public Prosecutor, Assam