Supreme Court Blocks Pawan Khera's Bail; Assam Govt's Appeal Gains Traction
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New Delhi, April 15 (NationPress) In a significant blow to Congress leader Pawan Khera, the Supreme Court has placed a hold on the Telangana High Court's ruling that had granted him transit anticipatory bail in a criminal case related to his alleged defamatory comments about Riniki Bhuyan Sarma, the wife of Assam Chief Minister Himanta Biswa Sarma.
A Bench comprising Justices J.K. Maheshwari and N.V. Anjaria issued the interim order while addressing the Assam government's Special Leave Petition that contested the April 10 decision made by the Telangana High Court.
"Notice issued. Meanwhile, the execution of the contested order shall remain suspended," directed the apex court.
This ruling effectively revokes the interim protection from arrest that was previously afforded to Khera.
Nevertheless, the Bench led by Justice Maheshwari clarified that Khera is free to request anticipatory bail from the appropriate court in Assam, where the FIR has been filed.
Representing the Assam government, Solicitor General Tushar Mehta argued that the Telangana High Court did not possess the necessary territorial jurisdiction to handle Khera’s application for transit anticipatory bail.
"The crime occurred in Assam, and the FIR is registered there. There is a clear lack of territorial jurisdiction," SG Mehta asserted.
He further claimed that Khera’s attempt to appeal to the Telangana High Court constituted "forum shopping" and described it as a misuse of legal provisions, emphasizing that even the Aadhaar card of a family member indicated a Delhi address.
During the proceedings, the Justice Maheshwari-led Bench also observed that Khera had submitted an additional request to the Supreme Court seeking a three-week extension of the interim protection.
The Assam government approached the Supreme Court to dispute the April 10 ruling from the Telangana High Court that had granted Khera transit anticipatory bail for one week, allowing him to seek regular bail in response to the FIR lodged by Assam Police.
Khera sought transit anticipatory bail from the Telangana High Court after Assam Police initiated a case against him for allegedly making defamatory and harmful statements regarding Riniki Bhuyan Sarma.
A single-judge Bench of Justice K. Sujana had granted him anticipatory bail for one week in the event of arrest. During the hearing at the Telangana High Court, senior advocate Abhishek Manu Singhvi, representing Khera, argued that the FIR stemmed from political vendetta and that the Congress leader was being unfairly targeted for questioning both the Assam Chief Minister and his family.
He maintained that the allegations, even if deemed untrue, would only amount to defamation and not justify arrest.
Opposing the application, Assam Advocate General Devajit Saikia challenged the appropriateness of the petition before the Telangana High Court, arguing that Khera, as a resident of Delhi, lacked a compelling reason to seek relief outside of Assam.
The Assam Police have charged Khera under several sections of the Bharatiya Nyaya Sanhita (BNS), including counts of defamation, forgery, and criminal conspiracy, following his claims that Riniki Bhuyan Sarma held multiple foreign passports, undeclared luxury properties in Dubai, and shell companies in the United States.