The Supreme Court rejected Pawan Khera’s plea to extend transit anticipatory bail in a case involving allegations against Assam CM’s wife. The court clarified that the jurisdictional court in Assam should decide the matter on its own merits.
The Supreme Court on Friday rejected Congress leader Pawan Khera’s plea seeking to extend transit anticipatory bail, granted to him earlier by the Telangana High Court, till Tuesday on the ground of enabling him approach any jurisdictional court in Assam in the case where Khera is alleged to have made false allegations against the wife of Assam Chief Minister Himanta Biswa Sarma.
Court Clarifies Order’s Influence
A bench of Justices JK Maheshwari and Atul S Chandurkar, however, clarified its earlier order in which it has stayed one week’s transit anticipatory bail granted to Khera by the Telangana High Court to the extent that the same will not have any adverse influence on the jurisdictional court which would decide over Khera’s plea.
The Court further clarified that neither the High Court order which granted Khera relief not the apex court order which stayed the relief shall come in the way of a court in Assam which would hear and decide the matter. “The court deciding the application shall not be adversely influenced by any order granting transit bail or otherwise. This means that when an application seeking anticipatory bail is filed before the competent court, such court shall decide the plea on its own merits, uninfluenced by any prior order. In view of the above, the respondent is at liberty to approach the appropriate court. In case the court is not functioning, a request may be made to the court registry, and the same shall act in accordance with the law. With the aforesaid observations, the plea stands disposed of”, the Court noted.
Background of the Legal Battle
This comes after Assam Police had approached the Supreme Court against Telangana High Court’s decision to grant transit anticipatory bail for a period of one week from April 10, subject to the conditions.
According to the bail order, Pawan Khera has to approach the competent jurisdictional Court in Assam and seek appropriate relief in accordance with the law. Telangana High Court granted one week’s anticipatory bail to Khera in a case filed by Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma, in connection with allegations made over passport and property disclosures.
He had alleged that CM Sarma’s wife, Riniki Bhuyan Sarma, holds three passports, from India, the UAE, and Egypt, and owns undisclosed luxury properties in Dubai, along with a company in Wyoming, USA. The Sarma family has strongly denied these claims, terming the documents “AI-generated fabrications” circulated by Pakistani social media groups.
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