SC rejects Khera's plea to extend pre-arrest bail in passport case
New Delhi, April 18 -- The Supreme Court on Friday refused to extend Congress leader Pawan Khera's anticipatory bail in the case filed against him in Assam for levelling allegations against chief minister Himanta Biswa Sarma's wife, Riniki Bhuyan Sharma, that she held foreign passports.
Khera filed an application against the court's Wednesday order staying the April 10 Telangana high court verdict granting him a one-week transit anticipatory bail. He said that his pre-arrest bail plea is expected to be heard in the Gauhati high court on Monday. Khera requested that the anticipatory bail be extended until Tuesday.
"Our order was passed on April 15 [Wednesday]. Instead of moving another application here, why did not you file it there?" asked a bench of justices JK Maheshwari and AS Chandurkar.
Senior advocate Abhishek Manu Singhvi, appearing for Khera, cited the Supreme Court's observation on Wednesday that his client filed a "forged and fabricated" Aadhaar card with the bail application in the HC and said the document was filed in haste. He added that it was replaced with the correct document during the hearing. Singhvi said the court was not informed about this fact. Singhvi said any remark of the Supreme Court should not influence the hearing on the bail plea. "This court was misled by way of suppression. I made a small error by filing a different document, and this observation made by the court will bind any court deciding the anticipatory bail," Singhvi said.
The bench remarked, "Small error? You cannot file a forged and fabricated document. And we do not agree that they [Assam police] have taken an order by misleading the court."
The bench reiterated that when an application seeking anticipatory bail is filed before the competent court, it shall not be influenced by the orders granting transit bail or staying it.
Solicitor general Tushar Mehta, who appeared for Assam Police, opposed Khera's attempt to prolong the anticipatory bail. Mehta said nothing stops Khera from approaching district court in Assam, which is open Friday....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.