Guwahati: The Supreme Court on Friday, April 17, declined to extend transit anticipatory bail granted to Congress leader Pawan Khera and directed him to approach the competent court in Assam in connection with a case arising from allegations involving the wife of Assam Chief Minister Himanta Biswa Sarma.
A bench comprising Justices JK Maheshwari and Atul S. Chandurkar turned down Khera’s request to extend interim relief till April 20, which he had sought in order to approach a court in Assam.
The apex court clarified that its earlier order staying the Telangana High Court’s grant of transit anticipatory bail would not have any bearing on the jurisdictional court in Assam, while it proceeded to deny relief.
The bench observed that the court deciding the bail application must do so independently and should not be influenced by any order granting transit bail or similar relief. It further noted that anticipatory bail pleas must be adjudicated strictly on their own merits, without reference to prior orders.
The court also stated that Khera is free to approach the appropriate court and, if necessary, seek help from the registry in case the court is not functioning. It added that the registry must act in accordance with law. With these observations, the plea was disposed of.
The development follows the Supreme Court’s earlier decision to stay the Telangana High Court’s order granting Khera a one-week transit anticipatory bail, effectively exposing him to possible arrest by Assam Police.
During earlier hearings, the apex court had raised questions over the Telangana High Court’s jurisdiction in entertaining a plea related to an FIR registered in Assam.
The Assam government had contended that Khera resorted to “forum shopping” by approaching a court outside the state where the FIR was lodged.
The case relates to allegations that Khera made statements against the wife of the Assam Chief Minister.
The dispute originates from a press conference held on April 5, where Khera alleged that Riniki Bhuyan Sharma held multiple passports and possessed foreign assets that were not disclosed in the Chief Minister’s election affidavit ahead of the April 9 Assembly polls.
Both Himanta Biswa Sarma and his wife have denied the allegations, calling them false and fabricated.
Following the remarks, a case was registered against Khera at the Guwahati Crime Branch police station under provisions of the Bharatiya Nyaya Sanhita relating to election-related false statements.