In a setback to Congress leader Pawan Khera, the Supreme Court on Wednesday stayed the Telangana High Court order granting him one-week transit anticipatory bail in a case registered for levelling allegations against Assam Chief Minister Himanta Biswa Sarma’s wife.
A bench of Justices J K Maheshwari and A S Chandurkar issued notice to Khera and others seeking their responses on a plea filed by the Assam government challenging the Telangana High Court order.
Solicitor General Tushar Mehta, appearing for the Assam government, told the bench that Khera moving the Telangana High Court for bail in a case registered in Assam was a “complete abuse of process” and amounted to “forum choosing”.
The bench, while issuing notice on the plea, said the operation of the High Court order would remain stayed. The matter has been posted for hearing after three weeks.
On April 10, the Telangana High Court had granted Khera one-week transit anticipatory bail with conditions, allowing him time to approach the competent court in Assam.
The case stems from an FIR registered at the Guwahati Crime Branch Police Station over allegations arising from Khera’s April 5 press conference, in which he claimed that CM Sarma’s wife, Riniki Bhuyan Sarma, held multiple passports and foreign properties that were not disclosed in the Chief Minister’s election affidavit for the April 9 Assembly polls.
The Sarma family rejected the allegations as false and fabricated.
Earlier, on April 7, an Assam Police team accompanied by Delhi Police personnel had visited Khera’s residence in connection with the case but did not find him. Officials had also claimed recovery of “incriminating” material during searches.
The FIR against Khera has been registered under provisions of the Bharatiya Nyaya Sanhita (BNS), including sections relating to false statement in connection with an election, right of private defence of body and property, and cheating.
(With inputs from PTI)