The Assam government has moved the Supreme Court challenging a Telangana High Court order that granted transit anticipatory bail to Congress leader Pawan Khera in a case registered in the state. The plea seeks to cancel the relief and has requested an early hearing before Chief Justice Surya Kant.
The case was filed after allegations made by Khera against Riniki Bhuyan Sharma, the wife of Assam Chief Minister Himanta Biswa Sarma. He had claimed that she held multiple passports of different countries, which led to an FIR being registered by the Assam Police.
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The FIR includes charges 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. The case is being handled by the Guwahati Crime Branch Police.
On April 10, the Telangana High Court granted Khera one week of transit anticipatory bail. The court asked him to approach the Gauhati High Court for further relief within that time.
Why Assam govt opposed the order
The Assam government argued that Khera filed the bail plea in Hyderabad without a valid reason. It said he should have approached a court in Assam instead of seeking relief from another state.
However, the High Court rejected this argument. It said that under Article 21 of the Constitution, courts can grant limited transit bail to protect personal liberty, even if the case is filed in another state.
Last week, Assam Police teams visited Hyderabad in search of Khera. Officials also went to his residence in Delhi as part of the investigation.