The Supreme Court has stayed the Telangana High Court’s order granting transit anticipatory bail to Congress leader Pawan Khera in connection with an FIR filed by the Assam Police. The case relates to Khera’s allegations against Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma, regarding the alleged possession of multiple passports. A bench comprising Justice JK Maheshwari and Justice Atul S. Chandurkar issued the interim stay while hearing a petition filed by the State of Assam challenging the High Court’s decision. The Court clarified that if Khera applies for anticipatory bail before a competent court in Assam, the Supreme Court’s interim order will not affect the merits of that application.
During the hearing, Solicitor General Tushar Mehta, representing Assam, argued that Khera failed to establish territorial jurisdiction in Telangana for filing the anticipatory bail plea. He further pointed out that the Telangana High Court overlooked the seriousness of the charges, including offences carrying up to 10 years of imprisonment. The bench also questioned the basis of Khera’s claim regarding his wife’s residence in Hyderabad, with the Solicitor General countering that official documents list her as a resident of Delhi. Mehta criticized the move as “forum-shopping,” warning that allowing such practices could enable accused individuals to seek relief from courts of their choice without proper jurisdiction.
Earlier, the Telangana High Court had granted Khera one week of transit anticipatory bail, allowing him time to approach the Gauhati High Court for appropriate relief. The High Court had justified its decision by invoking Article 21 of the Constitution, emphasizing the need to protect individuals from immediate arrest when there is a reasonable apprehension. However, the Assam Government challenged this ruling, arguing that Khera had no valid reason to avoid approaching courts in Assam directly. The FIR against Khera includes multiple charges under the Bharatiya Nyaya Sanhita, such as cheating, forgery, defamation, and making false statements. The case, titled State of Assam v. Pawan Khera (Diary No. 22236/2026), continues to develop as legal proceedings move forward.