Congress leader Pawan Khera suffered a second setback from the Supreme Court of India in two days, with the apex court refusing to grant him interim protection from arrest in connection with cases registered in Assam. The top court declined to shield him from coercive action, making it clear that no such protection would operate until at least Tuesday.
The refusal leaves Khera vulnerable to arrest, intensifying the urgency of his legal options. Senior advocate Abhishek Manu Singhvi, appearing for Khera, had pressed for immediate relief, arguing that arrest at this stage would be unjustified, but the Bench was not persuaded to intervene.
Asked to seek anticipatory bail in Assam
Instead of granting protection, the Bench of Justices J.K. Maheshwari and A.S. Chandrukar directed Khera to approach the appropriate court in Assam and file an application for anticipatory bail. The Bench granted him the liberty to move the Assam court without delay, indicating that the proper forum for such relief lies within the jurisdiction where the case has been registered.
This direction effectively shifts the legal battle to Assam, where Khera will now have to make his case for pre-arrest bail. The court’s approach underscores the importance of following the procedural hierarchy, particularly in criminal matters involving arrest and bail.
Top court says lower court must decide independently
In a significant clarification, the Supreme Court stated that any observations made during the hearing should not influence the Assam court’s decision. It emphasised that the bail application must be decided on its own merits, in accordance with the law.
This assurance is crucial, as it seeks to preserve the independence of the lower court while ensuring that Khera’s plea receives a fair hearing. The Bench underlined that its refusal to grant interim protection should not be seen as a comment on the merits of the case.
Second setback in two days for Congress leader
This marks the second consecutive setback for Khera before the apex court, highlighting the challenges he faces in securing immediate judicial relief. His legal team had sought urgent intervention, but the court maintained its position that such matters should ordinarily be dealt with by the competent trial court.
With no interim protection in hand, the pressure is now firmly on Khera to secure anticipatory bail from the Assam court. The coming days will be critical, as any delay could expose him to arrest.
What is the controversy about?
The case against Pawan Khera stems from an FIR registered by the Assam Police following a complaint filed by Riniki Bhuyan Sharma, the wife of Assam Chief Minister Himanta Biswa Sarma. The complaint was lodged after Khera, during a press conference in early April, alleged that Sharma possessed multiple foreign passports and had undisclosed overseas assets.
According to the FIR, Khera claimed that Sharma held passports from different countries—an assertion that, if true, would violate Indian law, which does not permit dual citizenship. He also alleged that she owned properties abroad and had significant financial holdings linked to a foreign entity.
Sharma, however, strongly denied the allegations, calling them false, fabricated, and malicious, and accused Khera of making defamatory statements with the intent to damage her reputation and her husband’s political standing. Acting on her complaint, the Assam Police registered a case invoking multiple charges, including defamation, forgery, and criminal conspiracy. On 10 April, the Telangana High Court granted Khera transit anticipatory bail for a week.
