Court cites lack of evidence, calls police plea “based on presumptions”; notes existing powers of arrest under law
Guwahati: A court in Guwahati has refused to issue a non-bailable warrant against Congress leader Pawan Khera in connection with allegations raised by Riniki Bhuyan Sharma, the spouse of Chief Minister Himanta Biswa Sarma.
The Chief Judicial Magistrate (CJM), Kamrup (Metro), passed the order on April 7, although it became public only on April 19. Importantly, the court found that the investigating officer’s request lacked substantive backing. It observed that the grounds cited were “entirely based on presumptions and conjectures” and not supported by concrete evidence.
Furthermore, the court clarified that since the case involves cognisable and non-bailable offences, the police already possess the authority to act under the Bharatiya Nyaya Sanhita (BNS), subject to guidelines laid down by the Supreme Court of India. “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 court states.
The case stems from a complaint filed on April 6, in which Riniki Bhuyan Sharma accused Khera of making false claims during press briefings in New Delhi and Guwahati a day earlier. She alleged that his statements regarding multiple passports, foreign assets, and “golden cards” were fabricated and intended to mislead the public during a politically sensitive period.
Earlier, Khera had secured interim relief from the Telangana High Court in the form of transit anticipatory bail. However, that order was subsequently stayed by the Supreme Court of India following a challenge by the Assam government. The matter remains under investigation.
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