SC stays HC interim relief to Khera in Assam Police FIR
Bengaluru, April 16 -- The Supreme Court of India on Wednesday stayed the interim protection from arrest granted to Congress leader Pawan Khera in connection with a first information report (FIR) filed by the Assam Police over allegations aired by him that Assam chief minister Himanta Biswa Sarma's wife, Riniki Bhuyan Sarma, held multiple foreign passports.
A Bench of Justices J K Maheshwari and AS Chandurkar stayed the April 9 order passed by a single judge of the Telangana High Court that granted interim relief for one week to Khera. It clarified that the present order should not be considered as a hindrance to the Congress leader moving the appropriate court in Assam for anticipatory bail.
The Supreme Court bench also issued a notice to Khera on the petition filed by the Assam Police challenging the Telangana High Court order.
"Operation of impugned order shall remain stayed. In case petitioner applies for anticipatory bail before a court having jurisdiction in Assam, while deciding such application, order passed by this court will not have any impact," the Supreme Court said.
The Court passed the order following arguments by the Solicitor General of India, Tushar Mehta, who appeared for the Assam Police, and opposed the Telangana high court's order.
Mehta argued that Khera approached the Telangana high court based on "forged" documents.
He told the Supreme Court that the alleged offence, the press conference where Khera had made the relevant comments, was held in Assam.
Khera, the SG said, had not shown any reason why he could not seek relief from the relevant courts in Assam.
"It is complete abuse of process. He (Khera) has actually attempted forum shopping or forum choosing," Mehta said.
Mehta told the court that Khera justified having moved the Telangana high court saying that his wife stayed in Hyderabad and that he himself visited and stayed in Hyderabad often. However, his Adhaar card bore his residential address in New Delhi and the claim that his wife resided in Hyderabad did not automatically mean that the Telangana high court had the jurisdiction to preside over the present case, Mehta argued....
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