Supreme Court rejects Congress leader's plea for time to approach Assam court

New Delhi: The Supreme Court on Friday rejected Congress leader Pawan Khera's plea to lift the stay granted on Telangana High Court's April 10 order, which granted him one-week transit anticipatory bail in a case registered against him for levelling allegations of possessing multiple passports by the state’s Chief Minister Himanta Biswa Sarma’s wife.

A bench of Justices J K Maheshwari and Atul S Chandurkar also declined to consider his plea to extend the interim relief till Tuesday to enable him to approach the court in Assam.

The apex court had on April 15 stayed the High Court's order upon hearing submissions from Solicitor General Tushar Mehta for the Assam government.

As senior advocate A M Singhvi urged the court to modify the previous order, the bench pointed out Mehta's submission was that

Khera had secured the relief from the High Court on the basis of fabricated document as he produced the front of his Aadhaar card and the backside of his wife's Aadhaar card to show residence in Telangana.

Singhvi said it was due to mix up of documents as the petition was filed in hurry. He also claimed that the further documents were produced to show that Khera's wife has a residence in Telangana, and that she was a Telugu who contested Assembly elections.

"Am I a hardened criminal deny this relief," he said, seeking time till Tuesday to approach the Assam court.

He also submitted personal liberty should not be violated for a small error in filing the document.

The bench, however, asked, "Is it small error?"

Singhvi maintained that it was a genuine mistake and there was no forgery.

He contended the apex court's previous order would prejudice the court in Assam.

The bench, however, pointed out it was clarified then and was further clarified the observations made in the previous order would not influence the consideration of Khera's plea.

On April 15, Assam government contended the plea by Khera before the Telangana High Court was an abuse of the process of law and amounted to forum shopping.

There was a patent lack of jurisdiction, the offence happened in Assam, the FIR was registered in Assam, it said.

The anticipatory bail plea was filed by producing a fabricated document, only to make out the jurisdiction of the Telangana High Court, it said.

The Congress leader on April 5 had alleged that the Assam CM’s wife, Riniki Bhuyan Sarma, has multiple passports and foreign property, which were not declared in the chief minister’s election affidavit for the April 9 Assembly polls in that state. This has resulted in lodging of the FIR for use of alleged forged documents to make his claims.

Khera moved the high court on April 7 and showed his residential address in Hyderabad. Khera requested the high court to release him on bail in the event of his arrest.

On April 10, the high court granted Khera one-week transit anticipatory bail and gave him a week to file an application before the concerned court.