Kamal Ghorui
NEW DELHI: Congress spokesperson Pawan Khera, staying lowkey after row linked to Assam CM Himanta Biswa Sarma and his wife, has moved to the Supreme Court after the Gauhati high court rejected his anticipatory bail plea in a defamation and forgery case the Assam Police registered against him.The Gauhati high court had on April 24 rejected Khera’s plea for anticipatory bail in the case registered against him by the Crime Branch of Assam Police in Guwahati.The case against Khera was registered after he claimed at a press brief that Assam CM’s wife Riniki Bhuyan “holds multiple foreign passports and undisclosed assets abroad”.During the previous hearing, Khera’s counsel, led by Abhishek Manu Singhvi, argued that he was not a flight risk and that arrest was unnecessary, calling the case politically motivated.The Assam government, represented by Advocate General Devajit Lon Saikia, opposed relief, arguing the case involved serious offences including cheating and forgery, not merely defamation. The court had earlier reserved its order after extensive arguments from both sides.The Telangana high court had earlier granted him a seven-day transit anticipatory bail, but the Assam Police moved the Supreme Court against it.On April 17, the Supreme Court had refused to extend transit anticipatory bail protection for Khera, asking him instead to approach a competent court in Assam in connection with a case linked to allegations against the CM Himanta’s wife. What happened in Supreme CourtAppearing for the Assam Police, Solicitor General Tushar Mehta questioned the maintainability of the plea before the Telangana high court, flagging what he called a “patent lack of territorial jurisdiction”.He submitted that the FIR was registered in Assam and Khera had not explained why he could not seek anticipatory bail there.Mehta also pointed out that Khera had sought anticipatory bail in Telangana without clearly establishing his presence in the state, adding that “merely having some property” cannot confer jurisdiction.He told the bench that it was a “complete abuse of process” and a case of “forum choosing”.During the hearing, Justice Dinesh Maheshwari noted that Khera had cited his wife’s residence in Hyderabad as a ground. However, the Solicitor General countered that even Khera’s Aadhaar records reflected a Delhi address, and that occasional travel or property ownership cannot justify jurisdiction, LiveLaw reported.The Telangana high court had earlier granted Khera limited transit anticipatory bail for one week. The court observed that his apprehension of arrest appeared “reasonable and supported by material on record”, while imposing conditions including cooperation with the investigation and restraint from public statements that could prejudice the probe.The Assam government challenged this order, contending that Khera had not demonstrated any compelling reason to bypass courts in Assam, where the case was registered.
