Supreme Court Halts Telangana High Court's Bail Order for Pawan Khera

Supreme Court's Intervention in Pawan Khera's Case

Guwahati, April 15: On Wednesday, the Supreme Court intervened by staying the order from the Telangana High Court that had granted Pawan Khera a one-week transit anticipatory bail related to a case filed in Assam concerning allegations against Chief Minister Himanta Biswa Sarma’s spouse.

A bench consisting of Justices J.K. Maheshwari and A.S. Chandurkar issued notices to Khera and other involved parties, requesting their responses to a petition from the Assam government that contested the high court's ruling.

Solicitor General Tushar Mehta, representing the Assam government, argued that Khera's attempt to seek relief from the Telangana High Court for a case registered in Assam constituted a "complete abuse of process."

He further described it as a case of "forum shopping," raising issues regarding jurisdiction and legal propriety.

Considering these arguments, the Supreme Court has scheduled the matter for a hearing in three weeks, paving the way for further legal examination.

Previously, on April 10, the Telangana High Court had granted Khera a one-week transit anticipatory bail under specific conditions, allowing him time to seek appropriate relief in Assam.

In its order, the high court noted, "Without expressing any opinion on the merits of the case, this court believes that the petitioner has established a case for limited transit anticipatory bail, as his fear of arrest seems reasonable and is supported by evidence on record."

The conditions included that Khera would be released on bail if arrested, provided he executed a personal bond of Rs 1 lakh with two sureties of the same amount, cooperate with the investigation, and be available for questioning by the Investigating Officer. Additionally, he was prohibited from leaving the country without prior court approval.

The case originated from allegations made by Khera during a press conference on April 5, where he asserted that Riniki Bhuyan Sarma, the wife of Chief Minister Himanta Biswa Sarma, held multiple passports and undisclosed foreign assets that were allegedly omitted from the chief minister’s election affidavit for the April 9 Assembly elections.

The Sarma family has vehemently denied these allegations, labeling them as "false and fabricated."

In response to Khera's statements, a case was filed against him at the Guwahati Crime Branch Police Station under various sections of the Bharatiya Nyaya Sanhita (BNS), including Section 175 (false statement in connection with an election), Section 35, and Section 318 (cheating).

The Supreme Court's interim stay has effectively suspended the relief granted by the Telangana High Court, with further proceedings anticipated to shape the future of the case.