Supreme Court denies relief to INC's Pawan Khera in Assam Police FIR; asks him to move Gauhati HC

The Supreme Court on Friday declined to extend the transit anticipatory bail earlier granted by the Telangana High Court to Congress leader Pawan Khera in a defamation and forgery case registered against him by the Assam Police..A Bench of Justices JK Maheshwari and AS Chandurkar advised Khera to approach the Gauhati High Court for relief. "You go and file a petition in Assam. The court will take up," the Bench said. The Court proceeded to close an application filed by Khera to oppose a stay ordered by the Supreme Court on the transit anticipatory bail. The Congress leader may approach the Gauhati High Court for relief, it said. "When an application seeking anticipatory bail is filed by the respondent before the competent court, such court shall not be influenced by the order granting transit bail or staying transit bail by this court. The application shall be considered on its own merits. In case the court is not functioning, a request will be made to take up with the matter which will be considered in accordance with law," the top court added. .The matter concerns a criminal case registered by the Assam Police against Khera on allegations of 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. The High Court granted him relief on April 10 so that he may be protected from arrest until he approaches the courts in Assam for anticipatory bail. .On April 15, the Supreme Court stayed the Telangana High Court's April 10 order.Khera then filed an application challenging the Supreme Court's stay on the High Court's transit anticipatory bail order. During today's hearing, Khera's counsel pointed out that the transit anticipatory bail granted by the High Court would have expired today.He urged the top court to extend the same until next week so that he may approach courts in Assam without risking an arrest. He pointed out that the High Court will be closed over the weekend and that he will only be able to file a plea on Monday. "I am asking only for transit bail to be extended to Tuesday," his counsel, Senior Advocate AM Singhvi said. .The Supreme Court, however, asked why Khera had not approached courts in Assam directly instead of first going to the Telangana High Court."Why in Telangana? Why not in Assam?" the Bench asked. Singhvi replied that Khera's wife is an MLA candidate in Telangana and that his wife has a residence in Hyderabad. "I have my matrimonial home in Hyderabad. I visit there all the time," Singhvi said. "Where have you mentioned all these things (in the transit bail plea)?" the Court asked. "The correction was made in the court. The document was handed over. And the judge records it. This is a technical trap for the unwary in a liberty matter," Singhvi replied. He went on to argue, "Today is Friday. I am filing on Monday (in Assam). Your lordships can’t protect me till Tuesday? Am I a hardened criminal? Your lordships were misled. I made a small error of filing a wrong document.""How can you say it’s a small error?" the Court asked. The Court went on to make it clear that Khera will have to approach courts in Assam for any further relief..Solicitor General of India (SG) Tushar Mehta appeared for the State of Assam..[Live Coverage]