Guwahati court rejects police plea for non-bailable warrant against Khera, asks for stronger grounds

A local court in Guwahati has rejected Assam Police’s request for a non-bailable warrant (NBW) against Congress leader Pawan Khera in a case filed by Riniki Bhuyan Sharma over alleged defamatory claims.

The order, passed by the Chief Judicial Magistrate (CJM), Kamrup Metro, observed that the investigating officer’s plea was based on “presumptions and conjectures” and lacked supporting material evidence. The court held that such grounds were insufficient to justify issuing a non-bailable warrant at this stage.

Importantly, the court clarified that since the case involves cognisable and non-bailable offences, police already have the authority to arrest under applicable provisions of law if required for investigation, in line with guidelines laid down by the Supreme Court of India. The rejection of the NBW, therefore, does not bar the possibility of arrest but indicates that the stricter judicial intervention was unwarranted at present.

The case stems from a complaint filed by Bhuyan Sharma on April 6, accusing Khera of making false allegations during press conferences in Delhi and Guwahati. She alleged that Khera claimed she possessed multiple passports or residency permits and undisclosed foreign assets claims she has termed “baseless” and supported by “forged and fabricated” documents.

According to the complaint, the statements were made with intent to mislead the public and disturb public order during a sensitive electoral period. Based on this, a case was registered under provisions relating to false statements in connection with elections and cheating.

Khera had earlier secured interim relief in the form of transit anticipatory bail from the Telangana High Court. However, the Supreme Court of India subsequently stayed that order and directed him to approach a competent court in Assam for anticipatory bail. The apex court also declined to extend protection from arrest beyond April 20.

With the NBW plea rejected, the investigation continues, and Khera is expected to seek anticipatory bail in Assam as the legal proceedings move forward.