SC Halts Transit Anticipatory Bail Relief to Pawan Khera (Img: Internet)
New Delhi: The Supreme Court of India on Wednesday stayed a Telangana High Court order that had granted one-week transit anticipatory bail to Congress leader Pawan Khera. The case stems from allegations linked to remarks concerning Assam Chief Minister’s wife.
A bench comprising Justices J.K. Maheshwari and Atul S. Chandurkar issued notice on a plea filed by the Assam government challenging the High Court’s order and directed that its operation remain stayed.
During the hearing, the court examined questions surrounding territorial jurisdiction. The Assam government argued that the Telangana High Court lacked the authority to entertain the anticipatory bail plea since the FIR was registered in Assam.
Assam Govt moves Supreme Court against Pawan Khera’s transit bail; Details here
Solicitor General Tushar Mehta, representing the Assam Police, termed the move a “complete abuse of process.” He submitted that the accused had approached a court without proper jurisdiction instead of seeking relief from a competent court in Assam.
He further argued that such actions amount to “forum shopping,” which has been consistently discouraged by courts.
While staying the High Court’s relief, the Supreme Court clarified that if Khera approaches a court with proper jurisdiction in Assam, his application for anticipatory bail should be considered independently and without prejudice from the present order.
This observation leaves the door open for Khera to seek legal protection through appropriate judicial channels in the state where the case has been registered.
The bench also took note of submissions regarding Khera’s residential links to Hyderabad. However, the Solicitor General countered that merely having property or intermittent residence in a location does not establish jurisdiction for anticipatory bail.
Reference was made to Aadhaar-related details during arguments to question the claim of territorial connection with Hyderabad.
The case originates from statements made by Khera alleging that Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma, held multiple passports and foreign assets. These claims were later disputed.
Assam Police reach Pawan Khera’s residence over ‘Dual Passport’ allegations against Himanta’s wife
An FIR was subsequently registered by the Guwahati Crime Branch under provisions of the Bharatiya Nyaya Sanhita, including offences related to false statements and cheating.
The Supreme Court has sought responses from Khera and other parties. The matter is expected to be taken up again after three weeks, with the legal debate on jurisdiction likely to remain central.
