Assam: Guwahati Court Rejects Non-Bailable Warrant Against Congress Leader Pawan Khera

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Posted in Assam, Featured, Northeast
NET Web Desk

Guwahati, April 20: A local court in Guwahati has rejected Assam Police’s request for a non-bailable arrest warrant against Congress leader Pawan Khera in a case filed by Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma. The order, passed by the Chief Judicial Magistrate (CJM) of Kamrup Metro on April 7, came a day before Khera sought anticipatory bail from the Telangana High Court.

The CJM observed that the investigating officer’s plea was “entirely based on presumptions and conjectures” without supporting material. The court noted that since the case is cognisable and non-bailable, the investigating officer already has the authority to arrest under Section 35 of the Bharatiya Nyaya Sanhita (BNSS), if necessary, in line with Supreme Court guidelines.

The case was registered at the Guwahati Crime Branch under sections including 175 (false statement in connection with an election) and 318 (cheating) of the BNSS. Sharma lodged the complaint on April 6, alleging that Khera falsely claimed during press conferences in New Delhi and Guwahati that she possessed multiple passports and foreign property not disclosed in her husband’s election affidavit. She asserted that the documents presented by Khera were “fake, doctored, forged and fabricated,” accusing him of attempting to mislead citizens and disturb public tranquillity during a sensitive electoral period.

Khera was granted a one-week transit anticipatory bail by the Telangana High Court on April 10. However, the Supreme Court later stayed that order following a plea by the Assam government. The apex court also declined to grant Khera protection from arrest until April 20, directing him instead to approach a competent court in Assam for anticipatory bail. It clarified that his plea would be heard without prejudice from remarks made by the Telangana High Court or itself.

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