Guwahati: A local court in Guwahati has rejected a plea by Assam Police seeking issuance of a non-bailable warrant against Congress leader Pawan Khera in a case filed by Chief Minister Himanta Biswa Sarmaโs wife over allegations related to multiple passports and foreign property.
The order was passed by the Chief Judicial Magistrate (CJM), Kamrup (Metro), on April 7, with the copy made public on April 19.
In its order, the court observed that the grounds cited by the investigating officer were โentirely based on presumptions and conjecturesโ and were not backed by material evidence on record.
The court also noted that since the case is cognisable and involves non-bailable offences, the investigating officer already has the authority to arrest the accused under relevant provisions of the Bharatiya Nyaya Sanhita, in accordance with guidelines laid down by the Supreme Court of India.
โIn view of the above, the prayer for issuance of a Non-Bailable Warrant cannot be acceded to and hence rejected at this stage,โ the court said.
The case was registered by the Guwahati Crime Branch under provisions including Sections 175 (false statement in connection with an election) and 318 (cheating) of the Bharatiya Nyaya Sanhita, based on a complaint filed by Riniki Bhuyan Sharma on April 6.
In her complaint, Sharma alleged that statements made by Khera during two press conferences on April 5โone in New Delhi and another in Guwahati, regarding her allegedly possessing multiple passports, โgolden cardsโ, and foreign property were false and baseless. She further claimed that the documents cited by the Congress leader were โfake, doctored, forged and fabricatedโ, and were intended to mislead the public during a sensitive electoral period.
Earlier, Khera had been granted a one-week transit anticipatory bail by the Telangana High Court on April 10. However, the Supreme Court of India later stayed the high courtโs order while hearing a plea filed by the Assam government.
