The Supreme Court will hear the Assam government’s plea against transit anticipatory bail granted to Pawan Khera on April 15. The case stems from allegations against Himanta Biswa Sarma’s wife, sparking a major legal and political battle.
New Delhi: The Supreme Court is set to hear a petition filed by the Assam government challenging the order of the Telangana High Court, which granted one-week transit anticipatory bail to Congress leader Pawan Khera. The matter will be taken up on April 15 by a bench comprising Justices J K Maheshwari and A S Chandurkar.
The Telangana High Court had, on April 10, granted limited relief to Khera by providing him one week of transit anticipatory bail. This relief was given with specific conditions and allowed him time to approach the appropriate court in Assam for regular bail. The Assam government, however, has challenged this order before the apex court. The plea was filed on Sunday through advocate Shuvodeep Roy.
The case arises from allegations made by Khera during a press conference on April 5. He had claimed that Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma, possesses multiple passports and owns foreign property that was allegedly not disclosed in the chief minister’s election affidavit submitted for the April 9 Assembly elections. These allegations were strongly denied by the Sarma family, who described them as false and fabricated.
Following these statements, a case was registered against Khera at the Guwahati Crime Branch Police Station under several provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 175 (false statement in connection with an election), Section 35 (right of private defence of body and property), and Section 318 (cheating).
While granting interim protection, the Telangana High Court clarified its reasoning in the order. It stated,
“Without expressing any opinion on the merits of the case, this court is of the view that the petitioner has made out a case for the grant of limited transit anticipatory bail, as his apprehension of arrest appears to be reasonable and supported by material on record,”
thereby acknowledging that Khera’s fear of arrest was justified at this stage.
The court also imposed strict conditions while granting the relief. It directed that in the event of arrest, Khera would be released on bail upon executing a personal bond of Rs one lakh along with two sureties of the same amount.
He was further instructed to cooperate fully with the investigation, remain available for questioning by the Investigating Officer whenever required, and not leave the country without prior permission from the competent court.
Additionally, the High Court emphasized that Khera must approach the appropriate jurisdictional court in Assam within the given time frame to seek further legal remedies. It also advised restraint considering his public position, stating that he should avoid making further public comments on the issue that could impact the ongoing investigation.
Khera had approached the Telangana High Court on April 7, mentioning his residential address as Hyderabad. He sought anticipatory bail citing a reasonable apprehension of arrest in connection with the case registered in Assam.
The Supreme Court’s upcoming hearing is expected to determine whether the Telangana High Court’s grant of transit anticipatory bail was legally justified or requires interference. The outcome may also have broader implications on the scope and application of transit anticipatory bail in inter-state criminal matters.
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