Supreme Court Halts Bail for Congress Leader Pawan Khera Amid Controversy

Supreme Court's Decision on Pawan Khera's Bail

New Delhi: In a significant development for Congress leader Pawan Khera, the Supreme Court has intervened to stay a prior order from the Telangana High Court that had granted him a week of transit anticipatory bail. This ruling comes in light of allegations he made against the wife of Assam Chief Minister Himanta Biswa Sarma.

A bench comprising Justices J K Maheshwari and A S Chandurkar has issued a notice to Khera and other involved parties, requesting their responses to a petition filed by the Assam government that contests the High Court's decision from April 10.

The bench stated, "Considering all the aspects, issue notice. In the meantime, operation of the impugned order shall remain stayed." They clarified that if Khera seeks anticipatory bail in Assam, the Supreme Court's order would not negatively impact that request.

Solicitor General Tushar Mehta, representing the Assam government, argued that Khera's plea lacked territorial jurisdiction and did not explain why he approached the Telangana High Court instead of the appropriate court in Assam.

Mehta emphasized that the alleged offense occurred in Assam, where the FIR was filed, labeling Khera's actions as a case of 'forum shopping.' He further stated that Khera's failure to justify his choice of court constituted an abuse of legal process.

During the hearing, it was noted that Khera had claimed his wife was residing in Hyderabad, while Mehta pointed out that her Aadhaar card listed her address as Delhi. He questioned whether owning or renting property in various locations could establish jurisdiction.

The bench acknowledged that Khera had also filed for an extension of his anticipatory bail by three weeks. The Supreme Court has scheduled the next hearing for three weeks later.

With the High Court's order now stayed, the Assam police may proceed with actions against Khera regarding the case.

Previously, on April 10, the High Court had granted Khera a week of transit anticipatory bail under specific conditions, allowing him time to file an application in the appropriate court.

Khera had made allegations during a press conference on April 5, claiming that Riniki Bhuyan Sarma, the wife of the Assam CM, possessed multiple passports and undeclared foreign assets in her husband's election affidavit for the April 9 Assembly elections.

The Sarmas have categorically denied these allegations, labeling them as false and fabricated.

The case against Khera was registered at the Guwahati Crime Branch Police Station under various sections of the BNS, including 175 (false statements in elections), 35 (right of private defense), and 318 (cheating).

The High Court had previously stated, "Without expressing any opinion on the merits of the case, this court is of the view that the petitioner has made out a case for the grant of limited transit anticipatory bail, as his apprehension of arrest appears to be reasonable and supported by material on record."

The conditions for Khera's bail included executing a personal bond of Rs one lakh with two sureties, cooperating with the investigation, and not leaving the country without court permission. He was also instructed to approach the competent court in Assam within the stipulated time and to refrain from making public statements that could affect the investigation.