Telangana HC grants transit bail to Pawan Khera in Assam FIR case

The Telangana High Court has granted Congress leader Pawan Khera limited transit anticipatory bail for one week in connection with an FIR filed in Assam over alleged defamatory remarks against Chief Minister Himanta Biswa Sarma and his wife. The Court emphasised that such relief safeguards personal liberty even when FIRs are registered outside its jurisdiction.

By Legal Correspondent

Hyderabad: Justice K. Sujana of the Telangana High Court on Friday granted limited transit anticipatory bail to Congress leader Pawan Khera in connection with a case registered by the Assam Police, holding that his apprehension of arrest was reasonable and supported by material on record.

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Allowing the criminal petition, the Court protected Mr. Khera from arrest for a period of one week to enable him to approach the competent court in Assam and seek regular anticipatory bail.

The case arises out of an FIR registered by the Guwahati Crime Branch Police Station over statements made by Mr. Khera during a press conference, in which he levelled allegations against Assam Chief Minister Himanta Biswa Sarma and his wife Riniki Bhuyan.

During the hearing, senior advocate Abhishek Manu Singhvi, appearing for the petitioner, contended that the FIR was an abuse of criminal law, arguing that the allegations, even if accepted, would at best amount to defamation. He further submitted that multiple FIRs on similar allegations indicated a pattern of political targeting and harassment.

Opposing the plea, Assam Advocate General Devajit Saikia argued that the allegations were serious in nature and extended beyond defamation, contending that their impact was felt within Assam, thereby conferring jurisdiction on the State police.

Dealing with the preliminary objection on maintainability, the Court relied on the law laid down by the Supreme Court in Priya Indoria v. State of Karnataka, observing that High Courts are empowered to grant limited transit anticipatory bail in appropriate cases to safeguard personal liberty, even where the FIR is registered outside their territorial jurisdiction.

The Court noted that the petitioner had demonstrated his presence in Hyderabad and a genuine apprehension of imminent arrest, particularly in light of search and seizure operations conducted at his residence with the assistance of local police.

While refraining from expressing any opinion on the merits of the case, the Court held that the petitioner had made out a case for grant of limited protection. It also observed that, except for one offence, the provisions invoked in the FIR were punishable with imprisonment of less than seven years.

Granting relief, the Court directed that Mr. Khera be released on bail in the event of arrest upon furnishing a personal bond of Rs.1 lakh with two sureties. It imposed conditions requiring him to cooperate with the investigation, refrain from influencing witnesses, and not leave the country without permission. The Court also directed him to exercise restraint in making further public statements on the subject matter of the case.

Clarifying the limited nature of the relief, the Court stated that the order was only to enable the petitioner to approach the competent court in Assam, which would consider any application for regular or anticipatory bail on its own merits.