Hyderabad: Telangana high court on Friday granted ‘transit anticipatory bail' for one week to senior Congress leader Pawan Khera. The case pertains to alleged defamatory remarks made in Delhi on April 5 against Riniki Bhuyan Sarma, wife of
Assam chief minister Himanta Biswa Sarma.
Justice K Sujana, while granting relief to Khera and describing him as a ‘public figure', restrained him from making any further public statements related to the case that could prejudice the investigation. The court directed him to approach the jurisdictional court in Assam within a week for appropriate relief.
When Khera's counsel sought additional time, the judge observed, "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."
Senior counsels Abhishek Manu Singhvi, A Gridhar Rao and A Ravinder Reddy, along with counsel Ponnam Ashok Goud, represented Khera.
Opposing the plea, Assam advocate general Devajit Lon Saikia argued that the petition was not maintainable before Telangana high court due to lack of territorial jurisdiction and that Khera should seek relief in Assam. However, the court, citing Supreme Court precedents, held that high courts are empowered to grant limited, interim protection even in cases registered outside their territorial jurisdiction.
"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," the judge said.
Ties to Hyderabad
The court noted Khera's substantial ties to Hyderabad, including his wife's residence and electoral participation in the city, and observed that the imminent threat of arrest following search and seizure at his Delhi residence justified judicial intervention. It further held that transit anticipatory bail serves to protect the right to life and personal liberty under Article 21 in inter-state situations.
Examining the allegations, the judge observed that the offences invoked—except forgery (section 338 of BNS)—carry a punishment of less than seven years. The court clarified that the relief was limited to enabling the petitioner to approach the competent court in Assam, which would decide any application for regular or anticipatory bail on its own merits.
Khera was directed to execute a personal bond of ₹1 lakh with two sureties, cooperate with the investigation, refrain from tampering with evidence or influencing witnesses, and not leave the country without prior permission.