In a significant setback to Pawan Khera, the Supreme Courtroom on Wednesday stayed the one-week transit anticipatory bail granted to the Congress chief by the Telangana Excessive Courtroom in a case registered by Assam Chief Minister Himanta Biswa Sarma’s spouse Riniki Bhuyan Sarma.
Final Friday, the Telangana Excessive Courtroom granted a one-week anticipatory bail to Khera, with a bench of Justice Ok Sujana permitting him time to method the suitable discussion board for anticipatory bail, noting that he may transfer inside per week.
The court docket, nevertheless, declined a request by Khera’s counsel for extra time, observing that the Congress chief had already acted swiftly in transferring the court docket and was “not an extraordinary individual”.
The case arises from a grievance filed in Assam following allegations made by Khera in opposition to Assam Chief Minister Himanta Biswa Sarma and his spouse Riniki Bhuyan Sarma.
Khera, at a press convention on April 5, had alleged that Riniki Bhuyan Sarma held a number of passports and owned overseas belongings that weren’t disclosed within the Chief Minister’s election affidavit.
Primarily based on these allegations, an FIR was registered in Guwahati, prompting authorized proceedings in opposition to the Congress chief.
Whereas pausing the Telangana Excessive Courtroom order, the Supreme Courtroom clarified that its order wouldn’t stop Khera from looking for anticipatory bail earlier than a reliable court docket in Assam.
“If the petitioner applies for anticipatory bail earlier than the court docket having jurisdiction in Assam, the order handed right this moment won’t have any opposed impact,” the bench noticed, making certain that authorized treatments stay open to him within the acceptable jurisdiction.
Throughout the listening to, Solicitor Common Tushar Mehta, showing for the Assam authorities, argued that the Excessive Courtroom lacked jurisdiction to grant transit anticipatory bail in a case the place the alleged offence befell in Assam.
He contended that Khera ought to have approached courts in Assam as a substitute of looking for aid from a court docket outdoors the territorial jurisdiction of the case.
The Assam authorities additionally raised issues concerning paperwork submitted by Khera whereas looking for aid. It was alleged that the Aadhaar card introduced contained discrepancies, with the entrance web page bearing Khera’s title whereas the tackle on the reverse aspect corresponded to his spouse.
The state argued that such submissions have been used to determine jurisdiction earlier than the Telangana Excessive Courtroom.
Paying attention to these submissions, the Supreme Courtroom stated the matter warranted additional examination and issued discover to Khera.
The court docket additionally recorded that Khera had initially secured a seven-day interim aid and subsequently sought an extension of three weeks from the Telangana Excessive Courtroom.
The event marks a setback for Khera, because the interim safety granted earlier now stands suspended. With the Supreme Courtroom’s intervention, the main target shifts as to if Khera will method a reliable court docket in Assam for anticipatory bail.
Earlier this month, following a grievance by Biswa Sarma’s spouse, Assam Police registered a case in opposition to Congress chief Pawan Khera on the Guwahati Crime Department. The FIR invokes a number of provisions of the Bharatiya Nyaya Sanhita, together with sections associated to creating false statements in reference to elections and dishonest.
Earlier, an Assam Police workforce visited Khera’s residence in Delhi for questioning however didn’t discover him current. Officers said {that a} search operation was carried out on the premises, throughout which some “incriminating” materials was allegedly recovered.
In the meantime, Sarma criticised the Congress get together, accusing it of failing to confirm paperwork earlier than levelling allegations. He claimed that Khera had fled to Hyderabad to evade questioning and asserted that the Assam Police would proceed to pursue the case aggressively, vowing to trace him down wherever he could also be.
The matter will now be heard after three weeks, following Khera’s response to the discover issued by the Supreme Courtroom.
Till then, the authorized proceedings stay lively, with the jurisdictional query and the validity of the Telangana Excessive Courtroom’s order set to be examined intimately.
– Ends
With company inputs







