The Supreme Court today stayed the Telangana High Court’s order granting transit anticipatory bail to Congress leader Pawan Khera in connection with an FIR registered by the Assam Police based on a complaint lodged by Assam CM Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma, over Khera’s allegations that she held multiple passports of different countries and offshore properties.
A bench of Justices JK Maheshwari and Atul S Chandurkar passed the interim order while issuing notice on the petition filed by the State of Assam against the High Court’s order.
The bench said that if Khera applies for anticipatory bail in the Court having jurisdiction in Assam, then the interim order passed by the Supreme Court will not have any adverse effect on the consideration of such an application.
Solicitor General of India Tushar Mehta, appearing for the State of Assam, submitted that there was no averment in Khera’s petition as to how there was territorial jurisdiction in Telangana.
SG also submitted that the High Court missed the fact that one of the offences carried a maximum punishment of 10-year imprisonment.
Justice Maheshwari observed that Khera’s note submitted during the hearing stated that his wife was residing at Hyderabad. However, the SG replied that his wife’s Aadhaar card showed her as a resident of Delhi.
“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 said, adding that such practices were frowned upon by the Supreme Court in the judgment in Priya Indoria.
“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),” SG said.
“We are surprised [by the High Court’s order],” Justice Maheshwari said. Justice Maheshwari also said that Khera has filed an application for extension of the anticipatory bail.
To recap, on April 10, Justice K Sujana of the Telangana High Court granted anticipatory bail to Khera for one week, subject to conditions, including that he will approach the Gauhati High Court to seek appropriate relief.
