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Supreme Court stays Telangana HC’s anticipatory bail to Khera
The case stems from a press conference held by Khera on April 4, in which he alleged that Sarma's wife had three different passports, adding that the Assam CM was involved in various illegal activities.
Justice Maheshwari pointed out that Khera’s contention was that he had invoked the HC's jurisdiction as his wife is a resident of Hyderabad.
The Supreme Court Wednesday stayed the Telangana High Court order granting transit anticipatory bail to Congress leader Pawan Khera in a defamation case against him over allegations he made against Assam Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan Sharma.
The case stems from a press conference held by Khera on April 4, in which he alleged that Sarma’s wife had three different passports, adding that the Assam CM was involved in various illegal activities.
A bench of Justices J K Maheshwari and Atul S Chandukar stayed the April 10 Telangana High Court order, which gave him one week’s time to move the relevant court in Assam. Justice Maheshwari remarked that “we are surprised (by the High Court’s order)”.
Issuing notice to Khera returnable on May 13, the bench ordered that “in the meantime, operation of the impugned order shall remain stayed.” The court also made it clear “that in case the respondent applies for anticipatory bail before the Court having jurisdiction in Assam and while deciding such application, the order passed today by this Court staying order of transit bail would not have any adverse inference to court.”
Appearing for the state of Assam, which challenged the Telangana HC order, Solicitor General Tushar Mehta raised the point of jurisdiction of the Telangana HC.
Justice Maheshwari pointed out that Khera’s contention was that he had invoked the HC’s jurisdiction as his wife is a resident of Hyderabad.
But Mehta termed it “forum-shopping”, saying that “the front page of the Aadhar Card is in the name of” Khera “though the back side indicates the address of his wife, though Aadhar numbers of both are different.” 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.”
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