New Delhi: In a major setback for Congress leader Pawan Khera, the Supreme Court on Friday refused to vacate its stay on the Telangana High Court's grant of transit bail to him. Khera, who faces a case in Guwahati over remarks against Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan Sharma, alleged that she held multiple passports, according to NDTV.
A bench of Justice JK Maheshwari and Justice Atul S Chandurkar declined the leader’s request. The ruling leaves Khera open to arrest by Assam Police.
Senior advocate and Congress MP Abhishek Singhvi appeared for Khera. Arguing in court, Singhvi said, “The man is only trying to get anticipatory bail. and they are pursuing like a hound? E-filing not there in Guwahati! Am I a hardened criminal or terrorist, that I can’t get protection till Tuesday?" Singhvi was quoted as saying by News 18.
While denying relief, the top court clarified that its earlier order staying the Telangana High Court’s decision to grant transit anticipatory bail would not prejudice the jurisdictional court in Assam.
However, the Supreme Court also gave Khera the liberty to immediately file an anticipatory bail plea in the Guwahati High Court, while also asking that forum not to be influenced by this hearing.
The top court clarified that the Assam court would decide Khera’s application independently, based on the material on record and on its own merits.
Earlier, on April 10, the High Court granted one-week transit bail to Khera with certain conditions and gave him a week to file an application before the court concerned. Solicitor General Tushar Mehta, appearing for the Assam government, had argued that it was a case of lack of territorial jurisdiction and that no averment was made in Khera's plea as to why he had moved the Telangana High Court.
For the unversed, on April 5, at a press conference, Khera alleged that the Chief Minister's wife held passports from three countries. He had alleged that the Chief Minister's wife not only holds three passports, but also owns undisclosed luxury properties in Dubai that are registered to a company in a US state. A complaint was subsequently lodged with Guwahati Police.
