The Supreme Court on Wednesday stayed the recent order passed by the Telangana High Court granting transit anticipatory bail to Congress leader Pawan Khera in the defamation and forgery case registered against him by the Assam Police.
A Bench of Justices JK Maheshwari and AS Chandurkar was told that Khera had submitted the Aadhaar card of his wife to show that she resides in Telangana, in order to invoke the jurisdiction of that High Court.
Solicitor General Tushar Mehta, appearing for Assam Police, argued,
"He places on record Aadhaar card in page 98 where wife is staying in Delhi. He places both. Which shows even his wife stays in Delhi. Sometimes he keeps travelling. Is this the law? Someone can buy or rent 10 properties in 10 different states. This will qualify as forum choosing. This is abuse of law."
Recording the SG's submissions, the Court said,
"Ld. Counsel submits that respondent applied for regular bail to the high court as per the prayer made in the bail in Telangana though the offence is committed at Guwahati. The document Aadhar card has been used. The front page of the Aadhar card is the name of respondent no. 1 but the backside indicates the address of his wife. Thus by furnishing a forged document respondent took advantage of jurisdiction of Telangana High Court..."
It eventually ordered,
"Considering all these aspects, issue notice. Impugned order stayed. If petitioner applies for anticipatory bail in the court having jurisdiction in Assam, the order passed by this court may not have any adverse inference. Notice returnable in 3 weeks."
Assam Police booked Khera in a case of alleged defamation, forgery and criminal conspiracy. The case was registered following his recent claims that Assam Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan holds multiple foreign passports and undisclosed assets abroad.
According to media reports, Assam Police visited Khera’s residence in Delhi on April 7 but he was not present there. Khera later approached the Telangana High Court seeking transit anticipatory bail.
Justice K Sujana of Telangana High Court on April 10 granted Khera relief for one week within which time he can move a regular anticipatory bail plea before the concerned court having jurisdiction.
This decision was challenged before the top court.