Guwahati Court Denies Non-Bailable Warrant Against Pawan Khera

A local court in Guwahati has dismissed the Assam Police's request for a non-bailable arrest warrant against Congress leader Pawan Khera. This decision comes amidst a legal case initiated by Riniki Bhuyan Sharma, wife of Chief Minister Himanta Biswa Sarma, concerning allegations of Khera's claims about her possessing multiple passports and foreign assets.

The Chief Judicial Magistrate (CJM) for Kamrup Metro rendered the order on April 7, just before Khera sought anticipatory bail from the Telangana High Court. The CJM's ruling stated that the basis for the police’s request was predominantly built on assumptions rather than solid evidence. The CJM articulated that as this matter is cognisable and the offence is classified as non-bailable, the investigating officer has the authority to conduct an arrest if necessary under section 35 of the Bharatiya Nyaya Sanhita (Indian Penal Code), as clarified by the Supreme Court of India.

The CJM remarked, “In view of the above, the prayer for issuance of a Non-Bailable Warrant cannot be acceded to and hence rejected at this stage.”

The legal case against Khera is documented at the Guwahati Crime Branch police station, where several charges have been raised under relevant sections of the Indian Penal Code, including section 175 for making false statements related to elections and section 318 for cheating.

The complaint was lodged by Riniki Bhuyan Sharma on April 6, accusing Khera of making baseless allegations during two press conferences held the day prior, one in New Delhi and another in Guwahati. She contended that Khera's assertions regarding her alleged ownership of numerous passports and luxury properties, which were not declared in her husband's election affidavit, were fabricated and intended to disrupt public peace and integrity at a crucial electoral juncture.

Khera had initially secured a brief period of transit anticipatory bail from the Telangana High Court on April 10. However, this ruling has recently been placed on hold by the Supreme Court following an appeal from the Assam government. The Supreme Court has instructed Khera to seek anticipatory bail from a court in Assam and assured that his request would be reviewed without consideration of any prior remarks made in the matter.

The legal developments continue to unfold amid a politically charged environment, with the implications of Khera's case likely to resonate through the political landscape as the upcoming elections approach.