Are you from India? 🇮🇳
👉 Check Today's Deals on Amazon IndiaSupreme Court Halts Bail Grant for Pawan Khera
NEW DELHI: In a setback for Congress leader Pawan Khera, the Supreme Court on Wednesday suspended the Telangana High Court’s order that had granted him a one-week transit anticipatory bail. This bail was sought in relation to allegations involving Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma.
Seeking Bail from Assam Courts
The Supreme Court clarified that while it has stayed the Telangana High Court’s decision, Khera is still eligible to apply for anticipatory bail through the appropriate jurisdictional court in Assam, where the FIR was registered.
Assam Government Challenges High Court Decision
The move from the Supreme Court came after the Assam government raised objections to the High Court’s April 10 decision. They argued that Khera had approached the wrong forum, rendering his plea invalid.
Arguments Presented in Court
Solicitor General Tushar Mehta, representing the Assam Police, contested the maintainability of Khera’s plea, noting a “patent lack of territorial jurisdiction.” He emphasized that since the FIR was filed in Assam, Khera should have sought bail there and failed to justify his appeal to the Telangana High Court.
Mehta also pointed out that Khera sought anticipatory bail without establishing a substantial presence in Telangana, stating that property ownership alone is not sufficient to confer jurisdiction.
Justifications Presented by Khera
During proceedings, Justice Dinesh Maheshwari acknowledged that Khera cited his wife’s residency in Hyderabad as a grounds for his petition. However, the Solicitor General countered this by stating that Khera’s Aadhaar records indicated a Delhi address. He insisted that occasional travel or property ownership did not substantiate jurisdiction claims, as reported by LiveLaw.
Previous Grant of Limited Bail
The Telangana High Court had previously allowed Khera a one-week limited transit anticipatory bail, suggesting that his fears of arrest were “reasonable and supported by material on record.” The court’s conditions included cooperation with the investigation and refraining from public comments that could interfere with the probe.
Details of the FIR
The Assam government disputed the High Court’s ruling, asserting that Khera had not demonstrated compelling reasons to bypass courts in Assam. The FIR filed at the Guwahati Crime Branch stems from Khera’s allegations on April 5, claiming Riniki Bhuyan Sarma owned multiple foreign passports and undeclared overseas assets. The Sarma family has labeled these allegations as “false and fabricated.”
Legal Provisions Invoked
The case against Khera has been registered under the provisions of the Bharatiya Nyaya Sanhita, specifically sections related to making false statements in connection with elections and cheating.
This format includes relevant H2 subheadings for better readability and SEO optimization, while summarizing the key points of the original content.
Source link
