Guwahati, April 15: In a significant development, the Supreme Court of India on May 15 stayed the order of the Telangana High Court granting transit anticipatory bail to Congress leader Pawan Khera in a case linked to allegations against Himanta Biswa Sarma’s wife.
A bench comprising Justices JK Maheshwari and Atul S Chandurkar issued the interim stay while taking up a petition filed by the Assam government challenging the High Court’s decision. The apex court also issued notice in the matter, signalling further judicial scrutiny.
The case arises from remarks made by Khera alleging that Riniki Bhuyan Sarma possessed multiple foreign passports, claims that have been firmly denied by the Chief Minister’s family.
During the hearing, the bench expressed surprise at the manner in which transit anticipatory bail had been granted outside the jurisdiction where the FIR was registered. Justice Maheshwari remarked on the unusual circumstances surrounding the relief provided by the High Court.
Appearing for the Assam government, Solicitor General Tushar Mehta argued that Khera had failed to justify approaching a court in Telangana instead of seeking relief in Assam. He also raised concerns over “forum shopping,” noting that such practices have been discouraged in previous rulings of the apex court.
The Supreme Court clarified that if Khera approaches a competent court in Assam for anticipatory bail, the interim stay would not prejudice the consideration of his application.
Earlier, the Telangana High Court had granted Khera transit anticipatory bail to enable him to seek relief before the appropriate court in Assam, citing the need to protect personal liberty under Article 21.
The FIR against Khera was registered at the Guwahati Crime Branch Police Station under various provisions of the Bharatiya Nyaya Sanhita, including charges related to defamation, forgery, cheating, and making false statements. The latest order marks a crucial turn in the case, with the Supreme Court now set to examine the legality of granting transit bail beyond territorial jurisdiction.
