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No bail for Khera, Gauhati HC says custodial interrogation needed in case

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The Gauhati High Court on Friday refused anticipatory bail to Congress leader Pawan Khera, holding that his custodial interrogation is necessary to trace the source of documents used by him to allege that Assam Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan Sarma held multiple foreign passports and assets abroad.Justice Parthivjyoti Saikia, in an order rejecting pre-arrest bail, observed that the case went beyond political speech and required investigation into the origin and authenticity of the documents relied upon by Khera.The court indicated that if the allegations had been confined to the Chief Minister, they could have been treated as part of political discourse. However, it noted that a private individual with no role in politics had been drawn into the controversy, which warranted closer scrutiny.It further recorded that Khera had, at this stage, not substantiated his claims regarding multiple foreign passports or overseas financial interests attributed to Riniki Sarma.A criminal case invoking charges of defamation, forgery and criminal conspiracy was registered by the Assam Police Crime Branch in Guwahati following Khera’s public statements.Taking note of Khera’s stand that the documents were sourced through associates, the court held that custodial interrogation was required to identify those individuals and ascertain how the documents were procured.The Bench also observed that Khera had not cooperated with the investigation so far, and that material on record prima facie attracted an offence under Section 339 of the Bharatiya Nyaya Sanhita, which deals with possession of forged documents.On these grounds, the court held that Khera was not entitled to the protection of anticipatory bail and dismissed his plea.

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