Kamal Ghorui
NEW DELHI: The Supreme Court on Friday declined Congress leader Pawan Khera’s plea seeking an extension of his transit anticipatory bail till next Tuesday, dealing a setback to his attempt to secure protection ahead of approaching a court in Assam.Khera had requested more time to move the appropriate court in Assam on Monday in connection with an FIR lodged on a complaint by Assam Chief Minister Himanta Biswa Sarma’s wife.
Earlier relief stayed by top court
The development comes days after the apex court stayed a Telangana High Court order that had granted Khera transit anticipatory bail, allowing him a week to seek relief from a competent court in Assam.A bench of Justices J K Maheshwari and Atul S Chandukar had questioned the maintainability of Khera’s plea before the Telangana high court, noting that the FIR was registered in Assam. The court stayed the April 10 order, making Khera vulnerable to arrest by Assam Police.
‘Forum shopping’ concerns raised
During the earlier hearing, Solicitor General Tushar Mehta, appearing for the Assam government, argued that Khera had engaged in “forum-choosing” by approaching a court with no jurisdiction.He told the court that Khera cited his wife’s residence in Telangana to invoke jurisdiction, but documents submitted raised doubts, with Mehta alleging misuse of legal process.The Supreme Court, while staying the high court order, clarified that Khera remains free to approach a competent court in Assam for anticipatory bail, and any such plea would be considered independently without being influenced by the top court’s interim observations.The matter is scheduled for further hearing in May.
