Congress MP Pawan Khera suffered a setback on Friday after the Supreme Court refused to extend his transit bail in a case filed by Assam Chief Minister Himanta Biswa Sarma's wife Riniki Bhuyan Sarma and asked him to move to an Assam court to decide over the matter. The development comes two days after the apex court stayed his anticipatory bail that was granted by the Telangana High Court.
The order was passed by a two-judge bench which included Justices JK Maheshwari and Atul S Chandurkar. The court clarified, though, that its April 15 order will not have any adverse influence on the jurisdictional court that would decide on the Congress leader's plea. It said that neither the Supreme Court and nor the Telangana High Court will come in the way of a court in Assam which would hear the matter.
"The court deciding the application shall not be adversely influenced by any order granting transit bail or otherwise. This means that when an application seeking anticipatory bail is filed before the competent court, such court shall decide the plea on its own merits, uninfluenced by any prior order," the bench said, as reported by news agency ANI.
"In view of the above, the respondent is at liberty to approach the appropriate court. In case the court is not functioning, a request may be made to the court registry, and the same shall act in accordance with law. With the aforesaid observations, the plea stands disposed of," it added.
In a press conference on April 5, Khera alleged that Sarma has multiple passports and holds properties in multiple countries, which were not declared by the Assam chief minister in his election affidavit filed. The chief minister rejected the allegations after which a case was registered against Khera under several sections of the BNS sections, including 175 (false statement in connection with an election), 35 (Right of private defence of the body and of property) and 318 (cheating).
Khera had moved to Telangana High Court, which granted him a bail. Later, the Assam government moved to the Supreme Court, which stayed the high court's order granting relief to Khera, who had showed his residential address in Hyderabad.
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