SC stays Telangana HC anticipatory bail to Pawan Khera, questions jurisdiction
New Delhi, April 15: The Supreme Court on Wednesday stayed the Telangana High Court’s order granting transit anticipatory bail to Congress leader…
New Delhi, April 15: The Supreme Court on Wednesday stayed the Telangana High Court’s order granting transit anticipatory bail to Congress leader Pawan Khera in connection with an FIR registered by Assam Police.
The case relates to allegations made by Khera against Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma, claiming she held multiple passports.
A bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar passed an interim order while issuing notice on a plea filed by the State of Assam challenging the High Court’s decision.
Supreme Court Questions Jurisdiction
The bench observed that it was “surprised” by the Telangana High Court’s order. At the same time, it clarified that if Khera applies for anticipatory bail before a competent court in Assam, the Supreme Court’s order will not affect the outcome of that application.
Solicitor General Tushar Mehta, appearing for Assam, argued that Khera failed to explain how the Telangana High Court had territorial jurisdiction. He also pointed out that one of the offences carries a maximum punishment of up to 10 years.
Forum Shopping Argument Raised
During the hearing, Justice Maheshwari noted that Khera had stated his wife resides in Hyderabad. However, the Solicitor General countered that her Aadhaar card shows her residence as Delhi.
He argued that allowing such claims would encourage “forum shopping,” where individuals approach courts of their choice. He added that such practices have been discouraged by the Supreme Court in earlier rulings.
“This is a complete abuse of process. He does not explain why he cannot go to Assam,” Mehta submitted.
Telangana HC Had Granted Transit Bail
On April 10, the Telangana High Court granted Khera anticipatory bail for one week and directed him to approach the Gauhati High Court for appropriate relief.
The High Court held that under Article 21 of the Constitution, it can grant limited transit anticipatory bail even outside its jurisdiction to protect an individual from immediate arrest.
Assam Government Challenges Order
The Assam Government challenged the order, arguing that Khera had no valid reason to seek bail in Hyderabad instead of approaching the courts in Assam.
The FIR, registered at Guwahati Crime Branch Police Station, includes charges under multiple sections of the Bharatiya Nyaya Sanhita, including cheating, forgery, defamation, and intentional insult.
Earlier, on April 7, Assam Police visited Hyderabad and Delhi in search of Khera and searched his residence.
