The Assam government has approached the Supreme Court of India to challenge a Telangana High Court order that granted a one-week transit anticipatory bail to Congress leader Pawan Khera. The legal dispute stems from allegations made by Khera against Riniki Bhuyan Sarma, the wife of Assam Chief Minister Himanta Biswa Sarma.
The petition, filed on Sunday through advocate Shuvodeep Roy, seeks to overturn the relief granted to Khera and is expected to be listed for a hearing later this week.
The controversy began on April 5, when Pawan Khera publicly alleged that Riniki Bhuyan Sarma holds multiple passports and owns foreign property. He further claimed these assets were not disclosed in Chief Minister Himanta Biswa Sarma’s election affidavit for the Assam Assembly polls held on April 9.
Following these statements, a case was registered against Khera at the Guwahati Crime Branch Police Station. The charges include several sections of the Bharatiya Nyaya Sanhita (BNS), specifically:
- Section 175: False statement in connection with an election.
- Section 35: Right of private defence of the body and of property.
- Section 318: Cheating.
Pawan Khera, citing a residential address in Hyderabad, approached the Telangana High Court on April 7 seeking protection from arrest. On April 10, the High Court granted him a limited window of one week of transit anticipatory bail to allow him to approach the appropriate jurisdictional court in Assam for regular relief.
In its order, the High Court noted: “Without expressing any opinion on the merits of the case, this court is of the view that the petitioner has made out a case for grant of limited transit anticipatory bail, as his apprehension of arrest appears to be reasonable and supported by material on record.”
The High Court imposed several strict conditions on Khera while granting the temporary relief:
- Financial Bond: Release on bail in the event of arrest upon executing a personal bond of ₹1 lakh with two sureties of the same amount.
- Cooperation: Requirement to cooperate with the investigation and appear for interrogation whenever required by the Investigating Officer.
- Travel Restrictions: Prohibited from leaving the country without prior permission from the competent court.
- Public Conduct: As a public figure, Khera was directed to exercise restraint and refrain from making further public statements regarding the subject matter of the case to avoid prejudicing the investigation.
- Jurisdictional Requirement: Requirement to approach the competent court in Assam within the stipulated one-week period.
The Assam government’s appeal to the Supreme Court now places these conditions and the High Court’s jurisdiction under scrutiny as the legal battle intensifies.
