‘We’re surprised’: Supreme Court stays Pawan Khera’s bail in Assam FIR

In a setback to Congress leader Pawan Khera, the Supreme Court on April 15 stayed the Telangana High Court order granting him one-week transit anticipatory bail in a case registered for levelling allegations against Assam Chief Minister Himanta Biswa Sarma's wife.

A bench comprising Justices JK Maheshwari and Atul S Chandurkar passed the interim order while issuing notice on a petition filed by the Assam government challenging the bail granted by the Telangana High Court.

The case stems from remarks made by Khera alleging that Riniki Bhuyan Sarma held multiple passports of different countries—claims that have been strongly denied by the Chief Minister’s family.

During the hearing, the bench expressed surprise over the High Court’s order. “We are surprised,” Justice Maheshwari remarked, while examining the circumstances under which transit anticipatory bail was granted outside the jurisdiction where the FIR was registered.

Solicitor General Tushar Mehta, appearing for the Assam government, argued that Khera had not justified why he approached a court in Telangana instead of Assam. He also raised concerns over “forum shopping,” stating that such practices have been frowned upon by the apex court in past judgments.

The Supreme Court clarified that if Khera approaches a competent court in Assam for anticipatory bail, the interim stay would not adversely affect the consideration of his plea.

Earlier, on April 10, the Telangana High Court had granted Khera one-week transit anticipatory bail to enable him to seek relief from the appropriate court in Assam, citing protection of personal liberty under Article 21.

The FIR against Khera was registered at the Guwahati Crime Branch Police Station under multiple provisions of the Bharatiya Nyaya Sanhita, including sections related to defamation, forgery, cheating, and making false statements.

The development marks a significant turn in the legal battle, with the Supreme Court now set to examine the validity of granting transit anticipatory bail outside territorial jurisdiction.