Supreme Court Denies Congress Leader Pawan Khera's Request for Arrest Protection
Supreme Court's Ruling on Pawan Khera's Bail Request
New Delhi: In a significant ruling, the Supreme Court on Friday denied Congress leader Pawan Khera's request for protection from arrest, marking his second setback in just two days. The court also rejected his plea to extend the transit anticipatory bail related to an FIR filed in Assam concerning alleged defamatory comments made against Chief Minister Himanta Biswa Sarma's wife.
A bench comprising Justices J.K. Maheshwari and Atul S. Chandurkar did not grant any interim relief and directed Khera to seek anticipatory bail from the appropriate court in Assam, dismissing his request for an extension until Tuesday.
The court stated, "The respondent is free to approach the (Guwahati) High Court... The application will be evaluated on its own merits," emphasizing that the Assam court should not be swayed by the previous transit bail granted by the Telangana High Court or the Supreme Court's earlier stay.
The bench led by Justice Maheshwari clarified that if the jurisdictional court is unavailable, Khera could request an urgent hearing, which would be considered according to legal protocols.
Senior advocate Abhishek Manu Singhvi, representing Khera, urged the Supreme Court to extend protection until Tuesday, arguing that the previous order for staying transit bail was issued ex parte and that the one-week protection from the Telangana High Court was expiring on Friday. Singhvi claimed, "Your lordships have been misled to issue an ex parte order... I will file on Monday (in Assam). Can’t your lordships protect me till Tuesday? Am I a hardened criminal?" He described the submission of an incorrect document as a minor error.
However, the Supreme Court was not inclined to accept his arguments and raised concerns about Khera's conduct.
The bench pointed out the use of an Aadhaar card to establish jurisdiction in the Telangana High Court, stating, "You claim to have been fair... we disagree."
When Singhvi argued that the incorrect document was corrected during the Telangana High Court hearing, the bench remarked that such a correction could not rectify the initial filing based on allegedly fabricated evidence.
The court questioned, "How can you consider this a small mistake?" and denied interim relief, instructing Khera to pursue remedies in the Assam court without delay.
Earlier, on Wednesday, the Supreme Court had stayed the Telangana High Court's order that granted Khera a one-week transit anticipatory bail, noting that his petition seemed to rely on "fabricated documents" to establish jurisdiction.
Solicitor General Tushar Mehta contended that Khera's actions amounted to "forum shopping" since both the alleged offense and the FIR were registered in Guwahati.
While acknowledging the Assam government's plea, the Supreme Court clarified that Khera was free to seek anticipatory bail from the competent court in Assam, and that such a request would be evaluated independently, without influence from its interim order.
The Telangana High Court had previously granted Khera transit anticipatory bail on April 10 for one week, allowing him to approach the appropriate court in Assam regarding the FIR related to his alleged defamatory remarks against Riniki Bhuyan Sarma.
Khera faces multiple charges under the Bharatiya Nyaya Sanhita (BNS), including defamation, forgery, and criminal conspiracy, following his claims that Riniki Bhuyan Sarma held several foreign passports, undeclared luxury properties in Dubai, and shell companies in the United States.