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SC Stays Transit Bail Granted to Congress Leader Khera

The Supreme Court of India on Wednesday stayed the Telangana High Court’s order granting one-week transit anticipatory bail to Congress leader Pawan Khera in connection with a criminal case filed over his alleged defamatory remarks against Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma.

The apex court’s decision effectively removes the interim protection from arrest that Khera had secured earlier.

Supreme Court Bench and Proceedings

A bench comprising Justice J.K. Maheshwari and Justice Atul S. Chandurkar passed the interim order while issuing notice on a petition filed by the Government of Assam challenging the High Court’s decision.

The court clarified that if Khera applies for anticipatory bail before a court with appropriate jurisdiction in Assam, the Supreme Court’s order would not adversely affect the consideration of such an application.

Arguments Presented

Appearing for the Assam government, Tushar Mehta, the Solicitor General of India, argued that Khera’s decision to approach the Telangana High Court in a case registered in Assam amounted to a “complete abuse of process” and “forum choosing.”

Nature of Allegations

During a press conference held on April 5, just days before the Assam Assembly elections on April 9, Khera allegedly claimed that Riniki Bhuyan Sarma possessed passports from three countries—India, the United Arab Emirates, and Egypt. He also accused her of owning undisclosed luxury properties in Dubai and having links to a company in Wyoming, United States.

Following these remarks, the Assam Police registered a First Information Report (FIR) based on a complaint filed by Riniki Bhuyan Sarma.

Charges Filed

Khera has been booked under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including:

  • Defamation
  • Forgery
  • Criminal Conspiracy

Background: High Court’s Earlier Relief

The Telangana High Court had granted Khera one-week transit anticipatory bail on April 10, allowing him time to approach the competent court in Assam to seek regular anticipatory bail.

Key Takeaways

  • Supreme Court stayed the Telangana High Court’s order granting transit anticipatory bail to Pawan Khera.
  • The stay removes Khera’s interim protection from arrest.
  • The court clarified that he remains free to seek anticipatory bail from a competent court in Assam.
  • The Assam government argued that approaching the Telangana High Court constituted forum shopping.
  • The FIR stems from alleged defamatory remarks against Assam CM Himanta Biswa Sarma’s wife.

Short News Bulletin Version

The Supreme Court has stayed the Telangana High Court’s order granting transit anticipatory bail to Congress leader Pawan Khera in a defamation case linked to his remarks about Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma. The court clarified that Khera may still seek anticipatory bail from a competent court in Assam.