SC Stays Transit Bail of Pawan Khera in Forgery and Defamation Case by Riniki Bhuyan Sharma, Questions Telangana HC Order

Key Points:

The Supreme Court today, April 15, 2026, stayed the Telangana High Court's order which had granted transit anticipatory bail to senior Congress leader Pawan Khera. The matter was heard by a bench of Justice JK Maheshwari and Justice Atul S Chandurkar, who passed the interim order while hearing a petition filed by the Assam Government challenging the relief provided to Khera.

The anticipatory bail provided to Khera granted him protection from arrest in Assam while appearing before the Gauhati High Court. However, with the apex court putting a stay on the Telangana High Court order, Pawan Khera has lost his protection from arrest by the Assam Police.

While staying the transit bail, the Supreme court noted that if Khera further applies for regular anticipatory bail in the Gauhati High Court, this interim order will not have any adverse effect on the consideration of such an application. The bench also expressed surprise over the High Court’s decision to grant relief in a jurisdiction outside where the FIR was registered. It also observed that Khera had applied for an extension of the one week anticipatory bail provided to him by the Telangana High Court.

See Also: Legal Faultlines Behind Crackdown on Child Marriages in Assam

What Is A Transit Anticipatory Bail?

A transit anticipatory bail is a temporary bail, and a Court-granted protection for an accused person against whom an FIR is filed against another state. It states that while the accused person goes to the state to seek regular anticipatory bail where his case is registered, he would not be arrested by that state’s police.

Now, that the Supreme Court has stayed the Telangana High Court's order, Pawan Khera has to file for regular bail in the Gauhati High Court, which is having territorial jurisdiction in Assam. If the Gauhati High Court grants him regular anticipatory bail, Supreme Court's interim order would not be applicable further, thus providing him protection from Arrest whilst the investigation is ongoing.

The "Forum Shopping" Allegation

Arguing for the State of Assam, Solicitor General (SG) Tushar Mehta characterized the move as a "complete abuse of process." He contended that Khera’s petition in the Telangana High Court failed to justify territorial jurisdiction, labeling the strategy as "forum shopping."

SG Mehta pointed out that while Khera claimed to be a resident of Hyderabad to move the Telangana court, public records and his wife’s Aadhar card listed their residence in Delhi. "He doesn't say why he cannot go to Assam. In the petition, he doesn't say that his wife has a property in Hyderabad," Mehta argued, questioning the apprehensions Khera cited for not appearing before the Assam Court.

Singhvi Defends Hyderabad Jurisdiction

Representing Khera in the Telangana High Court, Senior Advocate Abhishek Manu Singhvi had argued that the Congress leader’s family and residence are indeed based in Hyderabad, providing the necessary legal standing. Singhvi contended that the FIRs were "politically motivated" and designed to harass the leader for his role as the Chairperson of Congress’s Media and Publicity Department.

Singhvi further highlighted that Khera had not even been provided a copy of the FIR at the time of the searches, making the protection of personal liberty under Article 21 paramount. He argued that custodial interrogation was unnecessary as the case relies entirely on digital evidence from a press conference, which is already in the public domain. Based on these arguments, the Telangana High Court had granted Khera one-week protection on April 10, 2026, to approach the jurisdictional court in Assam.

The Origins: Passport And Property Row

The legal battle stems from explosive allegations leveled by Khera during a press conference on April 5, 2026. Khera alleged that Riniki Bhuyan Sarma, wife of Assam CM Himanta Biswa Sarma, illegally holds multiple foreign passports, specifically from the UAE and Egypt, alongside her Indian passport. He further claimed she owns undisclosed luxury assets in Dubai and the USA, details of which were allegedly omitted from CM Sarma’s election affidavit.

The Sarma family has vehemently denied these claims, dismissing the documents as "AI-generated fabrications." Following the allegations, Riniki Bhuyan Sarma filed a criminal defamation and forgery complaint with the Guwahati Crime Branch, leading to the registration of an FIR under various sections of the Bharatiya Nyaya Sanhita, including forgery and false statements.

See Also: Ambedkar’s Unfinished Words: The Long Struggle to Publish Babasaheb’s Writings

Raids And Legal Escalation

Notably, things took a heated turn soon after the allegations were made. The Assam Police, coordinating with local authorities, conducted a raid at Khera’s residence in Nizamuddin, Delhi, on April 7, 2026, where they reportedly seized electronic devices and documents. Subsequently, police teams moved to Telangana, monitoring Khera’s residence in Banjara Hills, Hyderabad, on April 8, though Khera was not present during these operations.

(Rh)

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