Supreme Court Denies Interim Relief to Congress Leader Pawan Khera in Assam Case

Supreme Court's Decision on Pawan Khera's Plea

Guwahati, April 17: On Friday, the Supreme Court declined to provide interim protection to Congress leader Pawan Khera against potential coercive measures related to a case filed in Assam. Instead, the court advised him to seek anticipatory bail from a competent court in the state.

Khera had approached the Supreme Court requesting protection until April 20 concerning allegations he made against Riniki Bhuyan Sharma, the wife of Assam Chief Minister Himanta Biswa Sarma.

A bench consisting of Justices J K Maheshwari and Atul S Chandurkar dismissed his request, instructing him to pursue relief in the appropriate Assam court.

However, the bench emphasized that the Assam court should not be swayed by any negative remarks made by the Supreme Court or the Telangana High Court regarding the case. They also urged that the anticipatory bail plea be addressed promptly.

The controversy originated from comments Khera made during a press conference on April 5, where he claimed that the Chief Minister’s wife held multiple passports and foreign assets that were not disclosed in Sarma’s election affidavit for the April 9 Assembly elections.

Both Sarma and his wife have categorically denied these allegations, labeling them as unfounded and fabricated.

Previously, on April 15, the Supreme Court had put a hold on a Telangana High Court order that had granted Khera a one-week transit anticipatory bail. The apex court raised concerns about the jurisdiction of the Telangana High Court in a case registered in Assam.

Solicitor General Tushar Mehta, representing the Assam government, contended that the Telangana High Court did not have territorial jurisdiction and that Khera's plea lacked justification for seeking relief there.

The charges against Khera have been filed at the Guwahati Crime Branch police station under various sections of the Bharatiya Nyaya Sanhita, including Section 175 (false statement in connection with an election) and Section 318 (cheating), among others.

Assam Advocate General Devajit Lon Saikia noted that following the Supreme Court's stay on the Telangana High Court's transit bail order, Khera was instructed to approach the jurisdictional court in Assam. He mentioned that a subsequent petition challenging the Supreme Court's order was dismissed.

“He received a transit bail from Telangana for seven days, but we appealed to the Supreme Court. On April 15, that order was stayed, and he was directed to seek anticipatory bail from the jurisdictional court. They filed a petition to vacate that order, but the Supreme Court did not grant any relief, and the petition was dismissed,” Saikia explained.

With the Supreme Court's refusal for interim protection, Khera is now anticipated to file for anticipatory bail in a sessions court in Assam as the legal proceedings unfold.