The Assam Police have moved the Supreme Court challenging the transit anticipatory bail granted to Congress leader Pawan Khera by the Telangana High Court in connection with an FIR filed by Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma, over claims made by Khera during a press conference that she holds passports of different countries.
Khera was granted transit anticipatory bail on Friday, April 10, for one week, with conditions that he approach the Gauhati High Court to seek further relief.
Opposing the bail order, the Assam government submitted before the court that the anticipatory bail petition was filed in Hyderabad, even though Khera had not shown any reason why he could not travel to Assam and seek anticipatory bail there.
The Telangana High Court rejected the Assam government’s argument, citing Article 21 of the Constitution, and held that a High Court can grant limited transit anticipatory bail outside its jurisdiction to allow the accused to approach the competent court.
“The contention of the learned Advocate General that the petitioner can directly approach the courts in Assam cannot be a ground to deny limited protection, particularly when there exists a reasonable apprehension of arrest. The concept of transit anticipatory bail has evolved precisely to address such situations where immediate protection is required to enable the accused to avail appropriate remedies before the competent jurisdictional court,” the High Court noted, as reported by Live Law.
For context, an FIR has been filed at the Guwahati Crime Branch Police Station under multiple sections of the Bharatiya Nyaya Sanhita, including provisions related to making false statements in connection with elections, cheating, forgery of valuable documents and public records, using forged documents as genuine, intentional insult aimed at provoking breach of peace, and defamation.
Last Tuesday, Assam Police reached Hyderabad in Telangana in search of Khera. According to reports, the police team had also visited Khera’s residence in Delhi and carried out a search operation there.
