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Guwahati Court Rejects NBW Against Pawan Khera

Guwahati Court Rejects NBW Against Pawan Khera

rediff.com 1 week ago

'The grounds shown by the investigating officer (IO) for issuance of non-bailable warrant were 'entirely based on presumptions and conjectures, and are not supported by any material on record',' the court said.

IMAGE: Congress leader Pawan Khera addresses a press conference in Guwahati, March 11, 2026. Photograph: ANI Photo


Key Points

  • A Guwahati court rejected the Assam police's plea for a non-bailable warrant against Congress leader Pawan Khera citing lack of evidence.
  • The court said the investigating officer's request was based on presumptions and lacked material support on record.
  • Case stems from allegations against Assam Chief Minister Himanta Biswa Sarma's wife.
  • Khera earlier secured transit anticipatory bail from the Telangana high court, which was later stayed by the Supreme Court.

A court in Guwahati has rejected the Assam police's plea for issuance of a non-bailable warrant (NBW) against Congress leader Pawan Khera in a case filed by Chief Minister Himanta Biswa Sarma's wife Riniki Bhuyan Sarma over allegations related to multiple passports and foreign property.

The order was passed by the chief judicial magistrate (CJM), Kamrup Metro, on April 7, a day before Khera moved the Telangana high court seeking anticipatory bail.

A copy of the court's order was circulated to the media in Guwahati on Sunday.

The CJM observed that the grounds cited by the investigating officer did not justify the issuance of a non-bailable warrant.

'The grounds shown by the investigating officer (IO) for issuance of non-bailable warrant were 'entirely based on presumptions and conjectures, and are not supported by any material on record',' the court said.

Court cites legal provisions, rejects NBW request

The court underlined that the investigating officer already has the authority to make an arrest if required under the law.

'Furthermore, as the present case is cognisable and offence being non-bailable, the I/O already has the authority to effect arrest under Section 35 of the BNSS, if deemed necessary for the purposes of investigation, according to the guidelines laid down by the Hon'ble Supreme Court of India,' the order said.

'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 CJM added.

Case stems from allegations over passports, foreign assets

The case against Khera was registered at the Guwahati cime branch police station under various sections, including 175 (false statement in connection with an election) and 318 (cheating) of the Bharatiya Nyaya Sanhita.

Assam Chief Minister Himanta Biswa Sarma's wife Riniki Bhuyan Sarma filed the complaint on April 6 against the Congress leader.

She alleged that Khera's claims, made during two press conferences in New Delhi and Guwahati, that she possessed multiple passports or 'golden cards' and properties in the US and UAE not declared in her husband's election affidavit, were false and baseless.

Bhuyan Sarma further stated that the documents presented by Khera were 'all fake, doctored, forged and fabricated', and accused him of acting with 'criminal intent to create public disorder and public insinuation, likely to incite public unrest, mislead citizens and disturb public tranquillity, at a highly sensitive electoral stage".

Legal proceedings move across courts

Khera was initially granted a one-week transit anticipatory bail by the Telangana high court on April 10.

However, the Supreme Court later took note of a plea filed by the Assam government and stayed the high court's order. It also declined to entertain Khera's plea seeking protection from arrest till April 20 in the case.

The apex court directed the Congress leader to approach a competent court in Assam for anticipatory bail, making it clear that the matter should be heard independently without being influenced by any adverse observations made earlier.

Feature Presentation: Aslam Hunani/Rediff

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