Telangana High Court adjourns hearing on Pawan Khera’s anticipatory bail plea to Apr 10

Hyderabad: The Telangana High Court on Thursday adjourned the hearing to April 10 on the anticipatory bail petition filed by Congress leader Pawan Khera in a case filed against him by the Assam government over his allegations against Chief Minister Himanta Biswa Sarma’s wife.

Congress leader and senior advocate Abhishek Singhvi, who virtually argued for Khera, alleged political vendetta in the case by the Himanta Biswa Sarma-led government.

Assam Advocate General Devajit Saikia, who argued against Khera’s petition, stressed that there is no political vendetta and that the petition is not maintainable before the Telangana High Court.

Khera’s lawyer Ponnam Ashok Goud told PTI that orders are likely to be pronounced on Friday.

Khera, who filed the petition on April 7, showed his residential address in Hyderabad. He requested the court to release him on bail in the event of his arrest.

Khera named the DCP of Guwahati Crime Branch Police Station and the Telangana government as respondents to his petition.

During the arguments, Singhvi, describing Assam CM Himantha Biswa Sharma as a “Constitutional Cowboy,” said Khera was in Hyderabad when the FIR was filed against him by Guwahati police and that he co-resides with his wife who is a resident of Hyderabad. She had also contested in polls in the southern state.

He argued that it could be civil or criminal defamation, but why would the Assam Police even want to arrest someone for something like this. Khera is neither a habitual criminal nor a “flight risk.” “Khera has roots in society and is a prominent political figure,” he said.

“We are not living in an age of constitutional cowboys. We are not living in an age of whipping out things from the holster and sending 100 people from Assam to Nizamuddin (to arrest Khera) for what the complaint says is defamation,” Singhvi said.

The senior advocate said he did not use the word “constitutional cowboy” for nothing and it would make “Rambo blush”.

Assam AG Saikia said one thing that came to his mind when he read the FIR was Bollywood actor Akshay Kumar’s movie ‘International Khiladi’ or Don. “So this is the word I am saying that the accused person (Khera) should actually be given,” he said.

“There is not a single indication in the FIR that he cannot come to Assam. Assam is not a banana republic. Law is prevailing here. There is no threat to his life,” Saikia argued.

He further said the complainant is a lady (Sarma’s wife) and not a political person. The allegations made by Khera are devoid of any truth, he said.

Saikia raised the objection regarding the maintainability of the petition by the Congress leader praying for anticipatory bail.

He pointed out that the Supreme Court has very clearly laid down the guidelines vis-a-vis an FIR being lodged in one state, the accused residing in another state, while the anticipatory bail is moved in some other state’s High Court.

“In this case, it is like an FIR has been lodged in Assam. He (Khera) is a permanent resident of Delhi. Now he is in Hyderabad and applying for anticipatory bail in Telangana, whether that is permissible or not,” the Assam AG asked.

Saikia also alleged that Khera forged his Aadhar Card and misled the Telangana High Court also.

The case against Khera was registered at the Guwahati Crime Branch Police Station under several sections of the BNS, including 175 (false statement in connection with an election), 35 (Right of private defence of the body and of property) and 318 (cheating).     The Congress leader on April 5 alleged that Sarma’s wife, Riniki Bhuyan Sarma, has multiple passports and foreign property, which were not declared in the chief minister’s election affidavit.

An Assam Police team had earlier visited Khera’s Delhi residence for questioning in connection with the case.

Sarma on Tuesday slammed the Congress for “not verifying” the documents based on which it brought allegations against him and his family.

The CM asserted that Khera had “run away” to Hyderabad, but the Assam Police will “hunt him down even from ‘pataal’ (netherworld)”.