The Supreme Court on Wednesday stayed the Telangana High Court’s order that had granted him one-week transit anticipatory bail in a case registered in Assam.

A bench comprising Justices J K Maheshwari and A S Chandurkar issued notice to Khera and others, seeking their responses on a petition filed by the Assam government challenging the High Court’s decision. Importantly, the apex court ordered that the Telangana High Court’s bail order will remain stayed until further hearing.

The matter has now been listed for hearing after three weeks.

The legal dispute originates from a press conference held on April 5, where Khera alleged that Riniki Bhuyan Sarma held multiple passports and owned foreign property that were not disclosed in the Assam Chief Minister’s election affidavit for the April 9 Assembly polls.

The allegations were strongly denied by the Sarma family, who termed them “false and fabricated.”

Following this, a case was registered against Khera at the Guwahati Crime Branch Police Station under multiple sections of the Bharatiya Nyaya Sanhita (BNS), including charges related to false statements during elections, right of private defence, and cheating.

What the Assam government argued

Representing the Assam government, Solicitor General Tushar Mehta strongly opposed the High Court’s decision, calling the move inappropriate.

He argued that Khera approaching the Telangana High Court for bail in a case registered in Assam amounted to a “complete abuse of process” and described it as a clear case of “forum choosing”, where a petitioner selects a favourable court outside the jurisdiction where the case is registered.

What the High Court had earlier ruled

On April 10, the Telangana High Court had granted Khera one-week transit anticipatory bail, subject to conditions. The court had also directed him to approach the concerned court within a week and file the appropriate bail application.

With PTI inputs