Pawan Khera Moves Gauhati High Court Seeking Anticipatory Bail

Guwahati: Congress leader Pawan Khera on Monday moved the Gauhati High Court seeking bail, a day after Assam police rejected his plea for a non-bailable arrest warrant against the Congress leader in connection with an FIR filed by Assam CM Himanta Biswa Sarma’s wife Riniki Bhuyan Sharma on allegations that he was carrying more than one passport.

The order, delivered by Kamrup Metro Chief Magistrate (CJM) on April 7, came a day before Mr. Khera sought bail from the Telangana High Court.

The CJM observed that the investigating officer’s defense was “purely based on conjectures and conjectures” without any supporting material. The court stated that since the case was cognizable and non-bailable, the investigating officer had the power to arrest under Article 35 of the Bharatiya Nyaya Sanhita (BNSS), if necessary, in line with the Supreme Court directions.

The case was registered at Guwahati Crime Branch under sections 175 (misrepresentation regarding election) and 318 (cheating) of BNSS. Sharma filed the complaint on April 6, alleging that Khera had falsely claimed during press conferences in New Delhi and Guwahati that she owned multiple passports and foreign properties that were not disclosed in her husband’s election affidavit. He alleged that the documents submitted by Mr Khera were “fake, doctored, forged and fabricated” and accused him of trying to mislead citizens and disturb public peace during a sensitive election period.

Earlier, Mr. Khera was granted one-week pre-transition bail by the Telangana High Court on April 10. However, the Supreme Court later quashed this order upon objection by the Assam government. The apex court also refused to grant Khera protection from arrest till April 20 and instead directed him to approach a competent court in Assam for bail. He clarified that his defense will be heard without prejudice to the statements made by the Telangana High Court or him. Advanced bail was filed in Hyderabad as Mr. Khera’s residence was stated.