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SC asks Pawan Khera to seek bail in Assam court, denies further relief

The Supreme Court on Friday, for the second time, paused the interim bail granted to Congress leader Pawan Khera in a defamation case filed by the wife of Assam Chief Minister Himanta Biswa Sarma, over Khera’s allegations that she held multiple passports and foreign assets. Khera had sought an extension of his transit anticipatory bail till Tuesday, citing the closure of courts in Assam. The Supreme Court, however, declined the request and directed him to approach the appropriate court in Assam without delay. Appearing for Khera, senior advocate Abhishek Manu Singhvi said the Guwahati High Court plea will be filed Monday.
The court also flagged discrepancies in the bail plea filed before the Telangana High Court, which Attorney General Tushar Mehta, appearing for Assam, had earlier described as “forum shopping", pointing out that the front page of the Aadhaar card submitted was in Khera’s name, while the reverse side reflected his wife’s address, with differing Aadhaar numbers. Khera said, “Your Lordships were misled. I made a small error by filing the wrong document,” a claim the court questioned, asking, “How can you call it a small error?”
Singhvi argued that the Supreme Court’s April 15 stay on the Telangana High Court’s order stemmed from a misunderstanding regarding the documents submitted. Referring to the Solicitor General’s claim that the High Court relief was obtained using a fabricated Aadhaar document, Singhvi said the discrepancy arose due to the urgency of filing and was later rectified with correct documents.
On April 10 the Telangana High Court granted Khera a week's transit anticipatory bail. Justice K Sujana cited Supreme Court rulings to grant limited protection despite the case being filed in Assam. The judge also noted Khera demonstrated reasonable apprehension of arrest, particularly after search-and-seizure operations at his Delhi residence by Assam and Delhi Police. The court emphasised then that the relief was temporary, intended to allow Khera to approach the competent court in Assam for regular anticipatory bail within seven days. But Assam Police then approached the Supreme Court against this decision.


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