SC stays transit bail to Pawan Khera in passport row
What's the story
The Supreme Court has stayed the Telangana High Court's order granting transit anticipatory bail to Congress leader Pawan Khera. The order was in connection with an FIR filed by Assam Police against Khera over his allegations that Assam CM Himanta Biswa Sarma's wife held multiple passports of different countries. The apex court's bench, comprising Justice JK Maheshwari and Justice Atul S Chandurkar, passed the interim order after hearing a petition from the State of Assam challenging the high court's decision.
Legal arguments
'Forum-shopping': SG Mehta on why bail shouldn't have granted
Solicitor General of India Tushar Mehta, representing Assam, questioned the jurisdiction of the Telangana High Court in granting bail. He argued that Khera didn't explain why he couldn't approach courts in Assam directly. "If this is the case, a person can buy properties across the country, and seek anticipatory bail from the places they choose. This is forum-shopping, if not forum-choosing..." SG Mehta said, adding such practices are frowned upon by the Supreme Court in a previous judgment.
SC
We are surprised, says judge
"This is complete abuse of process. He doesn't say why he cannot go to Assam. In the petition, he doesn't say that his wife has a property (in Hyderabad)," Mehta said. "We are surprised [by the High Court's order]," Justice Maheshwari said. Khera had sought pre-arrest bail from the high court, citing his residence in Hyderabad and his wife's roots in Telangana as grounds for jurisdiction.
Bail rationale
What Telangana High Court said while granting bail to Khera
On April 10, Telangana High Court Justice K Sujana had granted Khera one week of anticipatory bail with conditions. The court had rejected Assam's argument against the maintainability of the bail petition and said it could grant limited transit anticipatory bail outside its jurisdiction under Article 21 of the Constitution. The FIR against Khera includes charges under Sections 175, 35, 36, 318, 338, and others of Bharatiya Nyaya Sanhita at Guwahati Crime Branch Police Station.
Investigation update
SC says Khera can seek relief from competent courts
Reportedly, on April 7, Assam Police reached Hyderabad looking for Khera. They also searched his residence in Delhi. Khera later approached the high court seeking transit anticipatory bail. The controversy began after Khera alleged at a press conference on April 5 that Sarma's wife had multiple passports and undisclosed foreign assets. The Sarma family denied these allegations as "false, fabricated and malicious."