Telangana High Court Grants Transit Anticipatory Bail to Congress Leader Pawan Khera
In a significant legal development, the Telangana High Court on Friday granted a one-week transit anticipatory bail to senior Congress leader Pawan Khera. This relief pertains to a case involving alleged defamatory remarks made against Riniki Bhuyan Sarma, the wife of Assam Chief Minister Himanta Biswa Sarma, during an event in Delhi on April 5.
Court's Rationale and Conditions Imposed
Justice K Sujana, while granting the bail, described Khera as a public figure and imposed strict conditions. The court restrained him from making any further public statements related to the case that could prejudice the ongoing investigation. Additionally, Khera was directed to approach the jurisdictional court in Assam within the one-week period to seek appropriate relief.
When Khera's counsel requested additional time, the judge made a notable observation, stating, "He (Pawan Khera) is a great personality as he had filed an anticipatory bail application in Telangana high court (in connection with a case in Assam), got it numbered and listed for hearing within three days, and the matter is even disposed of."
Legal Representation and Opposition
Khera was represented by a team of senior counsels, including Abhishek Manu Singhvi, A Gridhar Rao, A Ravinder Reddy, and counsel Ponnam Ashok Goud. Opposing the plea, Assam Advocate General Devajit Lon Saikia argued that the petition was not maintainable before the Telangana High Court due to lack of territorial jurisdiction, insisting that Khera should seek relief in Assam instead.
Jurisdictional Authority and Supreme Court Precedents
However, the court rejected this argument, citing Supreme Court precedents that empower high courts to grant limited, interim protection even in cases registered outside their territorial jurisdiction. Justice Sujana elaborated, "This ensures that an individual can approach a competent court without the immediate threat of arrest while in a state where they reside or are temporarily present for a legitimate purpose."
Khera's Ties to Hyderabad and Threat of Arrest
The court noted Khera's substantial connections to Hyderabad, including his wife's residence and his electoral participation in the city. It observed that the imminent threat of arrest following search and seizure operations at his Delhi residence justified judicial intervention. The ruling emphasized that transit anticipatory bail serves to protect the fundamental right to life and personal liberty under Article 21 of the Constitution in inter-state scenarios.
Examination of Allegations and Legal Framework
Upon examining the allegations, the judge pointed out that the offences invoked—with the exception of forgery under section 338 of the Bharatiya Nyaya Sanhita (BNS)—carry a punishment of less than seven years. The court clarified that the relief granted was limited to enabling Khera to approach the competent court in Assam, which would independently decide any application for regular or anticipatory bail based on its own merits.
Specific Bail Conditions
As part of the bail order, Khera was directed to execute a personal bond of ₹1 lakh with two sureties. He must cooperate fully with the investigation, refrain from tampering with evidence or influencing witnesses, and not leave the country without prior permission from the court.
This ruling underscores the judiciary's role in safeguarding individual liberties across state boundaries, setting a precedent for similar inter-state legal disputes in the future.
