A bench led by Justices JK Maheshwari and AS Chandurkar delayed its decision after Khera’s argument that failing to secure anticipatory bail would undermine the very essence of pre-arrest bail.
Senior advocate Abhishek Singhvi, representing Khera, argued that the allegations warrant a trial and that arrest was not necessary to address the situation.
He indicated that among the various sections invoked against him, some are bailable and others do not necessitate his arrest.
Solicitor General Tushar Mehta, representing the Assam government, contested the plea, stating that Khera had shown falsified and altered copies of the chief minister’s wife’s passports.
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Mehta asserted that Khera has been evading capture while disseminating videos and maintained that the claims regarding the chief minister’s wife having multiple citizenships are unfounded.
Khera is challenging the April 24 decision of the Gauhati High Court, which denied him anticipatory bail.
In response to the allegations, the CM’s wife, Riniki Bhuyan Sharma, has filed criminal charges against Khera and others at the Guwahati Crime Branch police station under various sections of the Bharatiya Nyaya Sanhita (BNS).
The Telangana High Court had previously granted Khera a seven-day transit anticipatory bail, but the Assam Police subsequently appealed to the Supreme Court.
The apex court issued an interim order to suspend the anticipatory transit bail and directed Khera to approach the Gauhati High Court.
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