Apex court says bail plea must be decided independently, refuses extension of transit protection
New Delhi: The Supreme Court of India on April 17 refused to extend the interim protection granted to Congress leader Pawan Khera. The SC directed him to seek relief before the competent court in Assam. The proceedings arise from a case linked to remarks about the wife of Assam Chief Minister Himanta Biswa Sarma.
A bench of Justices JK Maheshwari and Atul S. Chandurkar rejected Khera’s plea to continue transit anticipatory bail until April 20. Instead, the court made it clear that he must approach the jurisdictional court without delay. Importantly, the bench observed that any bail application should be decided “on its own merits,” without being influenced by earlier orders granting transit relief.
The court further clarified that its earlier stay on the Telangana High Court’s order granting Khera transit bail would not affect proceedings in Assam. It added that Khera is free to move the appropriate court and may seek assistance from the registry if required, which “must act in accordance with law.”
Notably, the development follows the apex court’s earlier decision to stay the Telangana High Court’s interim protection, amid questions over its jurisdiction in a case originating in Assam. The state government had argued that Khera engaged in “forum shopping” by moving a court outside the state.
The case stems from statements made by Khera during an April 5 press conference, where he alleged undisclosed foreign assets linked to the Chief Minister’s wife. The allegations have been denied as “false and fabricated,” with a case registered in Guwahati under provisions related to election-linked misinformation.
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