SC stays Telangana HC order granting transit anticipatory bail to Pawan Khera

Appearing for the state of Assam, which challenged the High Court order, Solicitor General Tushar Mehta raised the point of jurisdiction of the Telangana High Court.

Justice Maheshwari pointed out that Khera’s contention was that he had invoked the High Court’s jurisdiction as his wife was a resident of Hyderabad. But Mehta termed it “forum shopping” and said his wife’s Aadhaar card listed a Delhi address.

He added, “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.”

The High Court, while granting Khera relief, had said that it is only to enable Khera to approach the competent court, which will consider any application for regular or anticipatory bail on its own merits. As a condition, it also asked the Congress leader to refrain from making any further public statements on the subject matter of the case.

“The petitioner shall be released on bail in the event of arrest in connection with the crime on his executing a personal bond for Rs 1 lakh with two sureties for the like sum each to the satisfaction of the investigating officer,” the High Court had said, directing that Pawan Khera must make himself available for interrogation as and when required by the investigating officer.

While granting the transit anticipatory bail for a limited period, the court said Khera must not tamper with the evidence or attempt to influence witnesses in any manner, or directly or indirectly induce, threaten, or promise any person acquainted with the facts of the case. He can’t leave the country without the court’s prior permission.

The court also asked him to approach the competent jurisdictional court in Assam and seek appropriate relief in accordance with the law within the stipulated period.

Case against Pawan Khera

The case stems from a press conference held by Khera on April 4, in which he alleged that Sarma’s wife holds three passports from different nations and claimed that the Assam CM was involved in various illegal activities.

The Guwahati Crime Branch registered an FIR against him on April 5, and the police searched his residence in Delhi on April 7. The same day, Khera moved a petition before the Telangana High Court, seeking anticipatory bail.