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NEW DELHI: The Supreme Court on Friday refused to extend transit anticipatory bail protection for Congress leader Pawan Khera, asking him instead to approach a competent court in Assam in connection with a case linked to allegations against the wife of Assam chief minister Himanta Biswa Sarma.A bench of Justices JK Maheshwari and Atul S Chandurkar rejected Khera’s plea seeking extension of relief till April 20 to enable him to move a court in Assam.
Court clarifies earlier order
While declining relief, the apex court clarified that its earlier order staying the Telangana high court’s grant of transit anticipatory bail would not prejudice the jurisdictional court in Assam.“The court deciding the application shall not be adversely influenced by any order granting transit bail or otherwise,” the bench said, adding that any anticipatory bail plea must be decided on its own merits, uninfluenced by prior orders, as per news agency ANI.The court also said Khera is at liberty to approach the appropriate court and, if required, seek assistance from the registry if the court is not functioning.“In view of the above, the respondent is at liberty to approach the appropriate court. In case the court is not functioning, a request may be made to the court registry, and the same shall act in accordance with law. With the aforesaid observations, the plea stands disposed of”, the Court noted.
Background of the case
The development comes after the Supreme Court earlier stayed the Telangana high court’s order granting Khera one week’s transit anticipatory bail, effectively making him vulnerable to arrest by Assam Police.During the earlier hearing, the court had questioned the Telangana high court’s jurisdiction in entertaining Khera’s plea in a case registered in Assam. The state had argued that Khera engaged in “forum-shopping” by approaching a court outside the state where the FIR was filed.The case pertains to allegations that Khera made false statements against the Assam chief minister’s wife.The controversy stems from a press conference held on April 5, where Khera alleged that Sarma’s wife, Riniki Bhuyan Sharma, held multiple passports and owned foreign property that were not disclosed in the chief minister’s election affidavit for the April 9 Assembly polls. Both Sarma and his wife rejected the claims as “false and fabricated”.Following the remarks, a case was registered against Khera at the Guwahati Crime Branch police station under sections 175 (false statement in connection with an election), 35 and 318 (cheating) of the Bharatiya Nyaya SanhitaWith Friday’s order, the Supreme Court has reiterated that Khera must seek relief from a court in Assam, which will independently assess his anticipatory bail plea.
