In a setback to Congress leader Pawan Khera, the Supreme Court on Wednesday stayed the Telangana High Court order granting him one-week transit anticipatory bail in a case registered for levelling allegations against Assam Chief Minister Himanta Biswa Sarma's wife.
A bench of Justices J K Maheshwari and A S Chandurkar issued notice to Khera and others seeking their responses on the plea filed by the Assam government challenging the Telangana High Court order.
Solicitor General Tushar Mehta, appearing for the Assam government, told the bench that Khera moving Telangana High Court for bail in a case registered in Assam was a "complete abuse of process" and this would be a case of "forum choosing".
The bench, while issuing notice on the plea, said that operation of the high court order would remain stayed.
The bench also clarified that if Khera approaches a court having jurisdiction in Assam seeking anticipatory bail, the present order will not adversely affect the consideration of such an application.
It posted the matter for hearing after three weeks.
On April 10, the high court granted one-week transit anticipatory bail to Khera with certain conditions and gave him a week to file an application before the court concerned.
The Congress leader had, on April 5, in a press conference alleged that 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.
The Sarmas had rejected the allegations as false and fabricated.
The case against Khera was registered at the Guwahati Crime Branch Police Station under several sections of the BNS sections, including 175 (false statement in connection with an election), 35 (Right of private defence of the body and of property) and 318 (cheating).
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