Pawan Khera Moves Gauhati High Court Seeking Anticipatory Bail
Local court rejects Assam police plea for non-bailable warrant in FIR by Assam CM's wife over passport row
Guwahati: Congress leader Pawan Khera on Monday moved the Gauhati High Court seeking anticipatory bail, a day after the court of the Chief Judicial Magistrate (CJM) Kamrup rejected the plea of the Assam police for a non-bailable warrant against the Congress leader in connection with an FIR filed by Assam CM Himanta Biswa Sarma's wife Riniki Bhuyan Sharma, amid allegations related to her holding multiple passports.
The order, passed by the Chief Judicial Magistrate (CJM) of Kamrup Metro on April 7, came a day before Mr 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 Mr Khera were “fake, doctored, forged and fabricated,” accusing him of attempting to mislead citizens and disturb public tranquillity during a sensitive electoral period.
Earlier Mr 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. The anticipatory bail was filed in Hyderabad as Mr Khera is stated to have a residence.
