Court Emphasizes Personal Liberty Over Territorial Jurisdiction Constraints in Inter-State Arrest Cases
In a significant ruling, the Telangana High Court, presided over by Justice Smt. K. Sujana, granted transit anticipatory bail to Pawan Khera, a prominent political leader and spokesperson for the Indian National Congress. This decision was made in response to an FIR registered against Khera by the Guwahati Crime Branch Police Station, Assam, for allegations including defamation and other offences under the Bharatiya Nyaya Sanhita, 2023.
The case arose after Khera made allegations during a press conference against Assam's Chief Minister, Mr. Himanta Biswa Sharma, suggesting the involvement in illegal activities and possession of multiple passports by the complainant’s wife. This prompted the complainant to file a case under several sections of the Bharatiya Nyaya Sanhita, 2023. Following this, search and seizure operations were conducted at Khera's Delhi residence.
Khera's counsel argued that the FIR was baseless, politically motivated, and constituted an abuse of the legal process. They highlighted the lack of territorial jurisdiction by the Assam Police, as the alleged offences occurred in Maharashtra. Additionally, they noted that multiple FIRs were filed against Khera for similar allegations, indicating a pattern of harassment.
The court acknowledged the constitutional imperative to protect personal liberty under Article 21 of the Constitution, overriding territorial jurisdiction when immediate protection from arrest is needed. It cited the Supreme Court's judgment in Priya Indoria v. State of Karnataka, affirming that High Courts can grant transit anticipatory bail to enable accused individuals to approach competent jurisdictional courts.
Justice Sujana granted Khera bail for one week, with specific conditions, including cooperation with the investigation and refraining from influencing witnesses or tampering with evidence. This temporary relief allows Khera to seek appropriate legal remedies in Assam.
Bottom Line:
Transit anticipatory bail can be granted by a High Court or Court of Session, even if the FIR is registered outside its territorial jurisdiction, to safeguard personal liberty under Article 21 of the Constitution of India.
Statutory provision(s):
- Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482
- Bharatiya Nyaya Sanhita, 2023, Sections 175, 3(5), 3(6), 318, 336(4), 337, 338, 340, 341(1), 351(1), 352, 353, 356, 61(2)
- Constitutional Law, Article 21
Pawan Khera v. State of Telangana, (Telangana) : Law Finder Doc id # 2880649
