Guwahati : The Supreme Court on Wednesday stayed a one-week transit anticipatory bail granted to the Congress leader by the Telangana High Court in a case registered by Assam Police based on a complaint filed by Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan Sarma. The Supreme Court’s order came in response to the Assam Police filing an appeal against the interim bail and arguing that the Telangana High Court did not have jurisdiction over the matter.
The case arises from a complaint filed in Assam following allegations made by Khera against Assam Chief Minister Himanta Biswa Sarma and his wife Riniki Bhuyan Sarma. Khera, at a press conference on April 5, had alleged that Riniki Bhuyan Sarma held multiple passports and owned foreign assets that were not disclosed in the Chief Minister’s election affidavit. If the petitioner applies for anticipatory bail before the court having jurisdiction in Assam, the order passed today will not have any adverse effect, the bench observed, ensuring that legal remedies remain open to him in the appropriate jurisdiction.
Solicitor General Tushar Mehta, appearing for the Assam government, argued that the High Court lacked jurisdiction to grant transit anticipatory bail in a case where the alleged offence took place in Assam. He contended that Khera should have approached courts in Assam instead of seeking relief from a court outside the territorial jurisdiction of the case. The Assam government also raised concerns regarding documents submitted by Khera while seeking relief.
The court also recorded that Khera had initially secured a seven-day interim relief and subsequently sought an extension of three weeks from the Telangana High Court. The development marks a setback for Khera, as the interim protection granted earlier now stands suspended. With the Supreme Court’s intervention, the focus shifts to whether Khera will approach a competent court in Assam for anticipatory bail.
An Assam Police team visited Khera’s residence in Delhi for questioning but did not find him present. Officials stated that a search operation was conducted at the premises, during which some “incriminating” material was allegedly recovered. Sarma criticised the Congress party, accusing it of failing to verify documents before levelling allegations.
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