The Supreme Court on 15 April Wednesday stayed the Telangana High Court’s order granting transit anticipatory bail to Congress leader Pawan Khera in a case registered by Assam Police involving allegations of defamation and forgery.
Background of the Case
The FIR was filed after Khera made claims regarding Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma. Assam Police booked him under multiple provisions, including defamation and forgery.
Read also:- Pawan Khera Transit Bail Row Reaches Supreme Court as Assam Challenges Telangana HC Relief
Khera approached the Telangana High Court seeking transit anticipatory bail, which was granted for one week to enable him to approach the competent court in Assam.
A Bench of Justices JK Maheshwari and AS Chandurkar questioned the basis of Telangana High Court’s jurisdiction.
Solicitor General Tushar Mehta argued that Khera relied on his wife’s Aadhaar details to show residence in Telangana, despite records indicating a Delhi address.
Read also:- Rajasthan High Court Orders Probe Into Wife’s Income in Maintenance Case, Sets Aside Trial Court Rejection
“The document shows conflicting addresses. This raises serious concerns about jurisdiction,” Mehta submitted.
The Bench recorded, “By furnishing such documents, the respondent appears to have taken advantage of jurisdiction… This requires consideration.”
The Court also noted concerns about “forum choosing,” where a litigant seeks relief from a court of convenience.
Issuing notice on the Assam Government’s plea, the Supreme Court ordered, “Impugned order stayed.”
The Court clarified that if Khera applies for anticipatory bail before a competent court in Assam, its present order will not adversely affect that application. The matter has been listed for further hearing after three weeks.
Case Title: The State of Assam v. Pawan Khera
