Supreme Court Halts Pawan Khera's Transit Bail Amid Assam Case
Supreme Court's Decision on Pawan Khera's Bail
New Delhi: The Supreme Court has put a stop to the transit bail granted to Congress leader Pawan Khera. A bench comprising Justices JK Maheshwari and Atul S. Chandurkar issued a notice to Khera in response to a plea from the Assam government, effectively halting the Telangana High Court's decision to grant him transit anticipatory bail. On April 10, the Telangana High Court had allowed Khera a week of transit bail, prompting the Assam government to appeal to the Supreme Court.
Understanding Transit Bail and Transit Remand
According to senior advocate Anil Kumar Singh ‘Shreenet’ in Delhi, if an FIR is filed against someone in one state and that individual is found in another, the police must obtain a transit remand from the court in the state where the arrest occurs. They must also inform the court how long it will take to return the individual to the state where the case is registered.
At this point, the accused or their lawyer can request transit bail, which is intended to ensure that the accused is presented before a magistrate within 24 hours, as mandated by constitutional provisions.
Challenges in Obtaining Transit Bail
Advocate Anil Kumar Singh Shreenet notes that it is often difficult for an accused to secure transit bail from the court in the state where they are apprehended. Such requests are frequently denied because the local court may not be fully aware of the case details, leading them to hesitate in granting bail.
Implications of the Supreme Court's Ruling for Pawan Khera
Following the Supreme Court's suspension of the transit bail granted by the Telangana High Court, Shreenet explains that Khera must now appear in Assam. The likelihood of Khera's arrest has increased since the case will proceed in Assam. He will need to cooperate with the police investigation there.
What Options Remain for Pawan Khera?
According to Shreenet, Khera's only remaining option is to urgently file for regular anticipatory bail in the Assam court. He will first need to submit a bail application to the sessions court in Assam, and if that is denied, he can appeal to the Guwahati High Court. Should he fail there as well, he may have to return to the Supreme Court.
Chances of Khera Securing Anticipatory Bail
Shreenet believes that Khera may have a chance of obtaining anticipatory bail from the Assam court, as the allegations do not involve any serious crime. The statements he made are publicly available across various platforms. He argues that there is no need for custodial interrogation since Khera's statements are already documented.
Constitutional Meaning of Transit Remand
As per Live Law, remand refers to custody. Section 41 of the Criminal Procedure Code, 1973 outlines when police can arrest an individual. A person may be arrested without a warrant in certain situations involving cognizable offenses.
Whenever someone is arrested without a warrant or based on a warrant issued by a court, they must be presented before the nearest magistrate within 24 hours, as stipulated in Sections 57 and 76 of the Criminal Procedure Code. Article 22(2) of the Indian Constitution guarantees this right to individuals arrested on charges.
An arrested individual can only be held in police custody for a maximum of 24 hours from the time of arrest and must be presented before a magistrate within that timeframe. Without the magistrate's approval, they cannot be held in custody for more than 24 hours.
What Did Pawan Khera Say About Assam's CM's Wife?
On April 5, Khera alleged that Rinki Bhuyan Sarma, the wife of Assam Chief Minister Himanta Biswa Sarma, holds three active passports and possesses property abroad. Following these remarks, an FIR was filed against him in Assam.