New Delhi: The Supreme Court Friday refused protection from arrest to Congress spokesperson Pawan Khera, two days after staying a Telangana High Court order that granted him the relief in connection with his remarks on Assam Chief Minister Himanta Biswa Sarma’s wife, including on her passport.
A bench of justices J.K. Maheshwari and A.S. Chandurkar asked Khera to approach the appropriate court in Assam.
The Assam court would not be influenced by any observations made by the Supreme Court and decide the bail application on its merits, said the bench, thereby leaving Khera without protection from arrest as of now.
Appearing for Khera in the SC, Congress MP and senior advocate Abhishek Manu Singhvi argued not granting bail would leave Khera vulnerable to arrest, as they can file a plea in an Assam court only by Monday, with courts closed for the weekends.
He said they wanted an extension of the transit bail till Tuesday, so Khera could approach the competent court in Assam.
“The man is only trying to get anticipatory bail. and they are pursuing like a hound? E-filing not there in Guwahati, am I a hardened criminal or terrorist, that I can’t get protection till Tuesday?” argued Singhvi.
However, the Supreme Court refused to grant him protection against arrest until Tuesday.
The matter stems from a press conference held on April 4, during which Khera alleged that the chief minister’s wife possessed passports from three countries. This was followed by the registration of an FIR against Khera in the poll-bound Assam with charges of defamation, forgery and criminal conspiracy.
Khera moved the Telangana High Court against the FIR. The Telangana High Court on 10 April, granted him a week-long transit anticipatory bail. It would have ended Friday.
However, on 15 April, the Supreme Court stayed the transit anticipatory bail, noting that Khera submitted a “forged document” (Aadhaar card) to secure bail from the Telangana HC for a case registered in Assam.
The court pointed to a territorial jurisdictional error made by Khera in moving a court in Telangana for an FIR registered in Assam by way of submitting the front side of his own Aadhar card and the reverse side of his wife’s Aadhar card.
(Edited by Ajeet Tiwari)
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