In a setback to Congress leader Pawan Khera, the Supreme Court of India on Wednesday stayed the Telangana High Court order that had granted him one-week transit anticipatory bail in a case registered in Assam.
A bench of Justices J K Maheshwari and A S Chandurkar issued notice to Khera and other respondents, seeking their replies on the plea filed by the Assam government challenging the April 10 order of the Telangana High Court. The court directed that the operation of the impugned order would remain stayed until further hearing.
The apex court clarified that if Khera approaches a competent court in Assam seeking anticipatory bail, its present order would not adversely affect the consideration of such a plea.
Appearing for the Assam government, Solicitor General Tushar Mehta argued that the Telangana High Court lacked territorial jurisdiction in the matter. He contended that the alleged offence was committed in Assam and the FIR was registered there, describing the move to approach the Telangana High Court as “forum choosing” and an abuse of legal process.
The bench also noted submissions made during earlier proceedings that Khera had cited his wife’s residence in Hyderabad. However, the law officer questioned whether ownership or residence in another state could confer jurisdiction, arguing that such reasoning could lead to misuse.
The case stems from allegations made by Khera during a press conference on April 5 against Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma. He had claimed that she possessed multiple passports and foreign properties that were not disclosed in the Chief Minister’s election affidavit. The allegations were rejected by the Sarma family as false and fabricated.
Following the remarks, a case was registered at the Guwahati Crime Branch Police Station under various provisions of the Bharatiya Nyaya Sanhita, including charges related to false statements in connection with elections and cheating.
Earlier, the Telangana High Court had granted Khera interim protection, observing that his apprehension of arrest appeared reasonable. It had imposed conditions including cooperation with the investigation, appearance before authorities when required, and refraining from making public statements that could affect the probe.
The Supreme Court has posted the matter for further hearing after three weeks, while also taking note of Khera’s plea seeking extension of anticipatory bail.
