Assam Police Moves SC Challenging Anticipatory Bail To Pawan Khera By Telangana HC
It is significant that Justice K Sujana of the Telangana High Court had granted anticipatory bail to Mr Khera for one week on April 10, subject to conditions, including that he will approach the Gauhati High Court to seek appropriate relief
Guwahati: In a significant move, the Assam Police on Monday said that it has moved a petition in the Supreme Court challenging the bail order of Telangana High Court to Congress spokesperson Pawan Khera in connection with an FIR filed by Assam chief mknister Himanta Biswa Sarma's wife, Riniki Bhuyan Sharma over Mr Khera's allegations that she held multiple passports of different countries.
It is significant that Justice K Sujana of the Telangana High Court had granted anticipatory bail to Mr Khera for one week on April 10, subject to conditions, including that he will approach the Gauhati High Court to seek appropriate relief.
The Assam Government has challenged the bail order on the grounds that the anticipatory bail petition was filed in Hyderabad, whereas Mr Khera has not shown any reason as to why he cannot come to Assam and file for anticipatory bail there.
The High Court had rejected the State's argument on maintainability of bail petition and has stated that, considering Article 21 of the Constitution, the High Court can grant a limited transit anticipatory bail, even outside its jurisdiction, to enable the accused to approach the competent Court.
"The contention of the learned Advocate General that the petitioner can directly approach the Courts in Assam cannot be a ground to deny limited protection, particularly when there exist a reasonable apprehension of arrest. The concept of transit anticipatory bail is precisely evolved to address such situations where immediate protection is required to enable the accused to avail appropriate remedies before the competent jurisdictional court," the High Court had noted.
The FIR against Mr Khera has been registered under Sections 175 (false statement in connection with an election), 35, 36, 318 (Cheating), 338, (forgery of valuable will, security etc.), 337(Forgery of record of Court or of public register, etc.), 340(Forged document or electronic record and using it as genuine), 352(Intentional insult with intent to provoke breach of peace), 356(Defamation) of Bharatiya Nyaya Sanhita, at Guwahati Crime Branch Police Station.
The Assam police had reached Hyderabad, Telangana, on Tuesday looking for Mr Khera. The Assam Police had also raided Mr Khera's residence in Delhi and conducted a search.