Gauhati HC rejects Pawan Khera bail plea; Himanta says will review case only after May 4 if re-elected

Assam Chief Minister Himanta Biswa Sarma on April 24 declined to comment on the Gauhati High Court’s rejection of the anticipatory bail plea filed by Congress leader Pawan Khera, citing the enforcement of the Model Code of Conduct during the ongoing Assembly elections in Assam.

Speaking to reporters, Sarma said he would not make any remarks on the matter at present as election norms are in place. He added that the future course of action in the case rests entirely with Assam Police and stated that he would review the matter only after May 4, if he returns to office after the declaration of election results.

“I don’t want to comment because the Model Code of Conduct is in place. Whatever the outcome of the case will be, it is entirely up to the Assam Police. I will review the case only after 4th May if I come back to power,” the Chief Minister said.

The remarks came shortly after the Gauhati High Court dismissed Khera’s plea seeking anticipatory bail in connection with a criminal case registered in Assam. The Congress leader had approached the court seeking protection from arrest after being named in an FIR linked to his alleged remarks targeting the Chief Minister and his family members during the high-voltage election campaign.

Also Read: Gauhati High Court rejects Pawan Khera’s anticipatory bail plea in FIR linked to Assam CM's wife

The controversy began after Khera, one of the Congress party’s prominent national spokespersons, made statements at a press conference in Guwahati that the ruling BJP described as defamatory and politically motivated. 

Following the remarks, a police complaint was lodged, prompting an investigation by Assam Police.

The Congress has alleged that the case was politically driven and intended to intimidate opposition voices during the election season. 

The Model Code of Conduct, enforced after the announcement of the election schedule, bars governments and public functionaries from using official position for electoral advantage and requires restraint in politically sensitive matters. 

Sarma’s decision to avoid direct comment appears aimed at adhering to these restrictions while distancing the government from the ongoing legal process.

Counting of votes for the Assam Assembly elections is scheduled for May 4.