Whalesbook
Supreme Court Steps In
The Supreme Court on Wednesday issued a stay on the Telangana High Court's recent order granting transit anticipatory bail to Congress leader Pawan Khera. A bench comprising Justices JK Maheshwari and AS Chandurkar raised concerns about the basis for invoking Telangana's jurisdiction, noting the use of an Aadhaar card listing Khera's wife's Delhi address.
Questions Over Jurisdiction Claim
Solicitor General Tushar Mehta, representing the Assam Police, argued that Khera's actions constituted "abuse of legal process" and "choosing the forum" improperly. He pointed out that the Aadhaar card indicated his wife's residence in Delhi, suggesting an attempt to seek legal recourse in a different state to evade charges filed by Assam Police. The court acknowledged that furnishing such a document could be viewed as an opportunistic use of jurisdiction.
Background: Defamation Case
Pawan Khera faces charges of defamation, forgery, and criminal conspiracy brought by Assam Police. The case stems from his public statements alleging that Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan, possesses multiple foreign passports and undisclosed foreign assets. Assam Police had previously attempted to question Khera at his Delhi residence.
Path to the Stay
Following these developments, Khera approached the Telangana High Court, which granted him a one-week transit anticipatory bail on April 10. This relief allowed him time to seek regular bail from the appropriate court in Assam. However, the Assam Police challenged this order before the Supreme Court, leading to Wednesday's stay. The apex court issued a notice and scheduled the matter for further hearing in three weeks, stating the stay would not prevent Khera from filing any application in Assam.