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Guwahati Court Denies Non-Bailable Warrant Against Congress Leader Pawan Khera

A Guwahati court has ruled against the Assam Police's request for a non-bailable warrant for Congress leader Pawan Khera, who faces allegations from the Chief Minister's wife regarding false claims of her possessing multiple passports and foreign properties. The court found the police's reasoning to be based on assumptions without substantial evidence. Khera's legal troubles continue as he navigates the complexities of this politically sensitive case, which has implications for the upcoming elections. This ruling comes amidst a backdrop of heightened political tensions in the region.
 

Court's Decision on Non-Bailable Warrant

A file image of Congress leader Pawan Khera in Guwahati. (Photo:PTI)


GUWAHATI, April 20: In a significant ruling, a Guwahati court has dismissed the Assam Police's request for a non-bailable warrant against Congress leader Pawan Khera. This case was initiated by the wife of Chief Minister Himanta Biswa Sarma, who accused Khera of making allegations regarding her possession of multiple passports and foreign assets.


The Chief Judicial Magistrate (CJM) of Kamrup Metro issued this order on April 7, just a day prior to Khera's application for anticipatory bail at the Telangana High Court. The court's decision was made public on Sunday.


The CJM noted that the reasons provided by the investigating officer for the warrant were based on mere assumptions and lacked substantial evidence.


“Moreover, since this case is cognizable and the offense is non-bailable, the investigating officer already possesses the authority to arrest under Section 35 of the BNSS if necessary for the investigation, as per the Supreme Court's guidelines,” the order stated.


“Thus, the request for a Non-Bailable Warrant is denied at this time,” the CJM concluded.


The allegations against Khera were filed at the Guwahati Crime Branch police station under various sections, including 175 (false statement in connection with an election) and 318 (cheating) of the Bharatiya Nyaya Sanhita.


On April 6, Riniki Bhuyan Sharma, the Chief Minister’s wife, lodged the complaint against Khera and others who allegedly collaborated with him. She asserted that Khera's claims during two press conferences on April 5, one in New Delhi and another in Guwahati, regarding her alleged multiple passports and undeclared foreign properties were unfounded.


Sharma contended that the documents Khera presented to substantiate his claims were “fake, doctored, forged, and fabricated,” and that his statements were made with “criminal intent to incite public disorder and unrest, misleading citizens and disturbing public peace during a sensitive electoral period.”


Khera had previously been granted a one-week transit anticipatory bail by the Telangana High Court on April 10. However, the Supreme Court recently acknowledged a plea from the Assam government and suspended the high court's order. It also declined Khera's request for protection from arrest until April 20 regarding the case filed by Sharma.


The Supreme Court instructed Khera to seek anticipatory bail from a competent court in Assam, ensuring that his plea would be heard without consideration of any negative remarks made by it or the Telangana High Court.