From Relief to Setback: Supreme Court of India Puts Brakes on Pawan Khera’s Bail in Assam FIR

(By Syed Ali Taher Abedi)

New Delhi, April 15, 2026: The Supreme Court on Wednesday stayed the Telangana High Court’s order granting transit anticipatory bail to Congress spokesperson Pawan Khera in connection with an FIR lodged by Assam Police against him.

The FIR originates from Khera’s allegations against Assam Chief Minister Himanta Biswa Sarma’s wife, Rinku Bhuyan Sarma, claiming she held multiple passports from different countries.

A Bench comprising Justices Hima Kohli Maheshwari and Atul S. Chandurkar passed the interim order while issuing notice on a petition filed by the State of Assam challenging the High Court ruling.

The Bench clarified that if Khera applies for anticipatory bail in the competent court in Assam, the Supreme Court’s interim order would not adversely impact such consideration.

Solicitor General Tushar Mehta, representing Assam, argued there was no averment in Khera’s petition establishing territorial jurisdiction in Telangana. He highlighted that the High Court overlooked one offence carrying a maximum punishment of 10 years’ imprisonment.

Justice Maheshwari noted Khera’s submitted affidavit claiming residence in Hyderabad, but Mehta countered with Khera’s wife’s Aadhaar card listing Delhi as her address.

“If this is the case, a person can buy properties across the country and seek anticipatory bail from places they choose this is forum-shopping, if not forum-choosing,” Mehta remarked, citing the Supreme Court’s frown on such practices in the Priya Indoria judgment. “This is complete abuse of process 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,” the SG added.

“We are surprised by the High Court’s order,” Justice Maheshwari observed, adding that Khera has also filed an application for extension of the anticipatory bail.

These statements, which Khera maintains are rooted in public interest disclosures, prompted Assam Police to register an FIR at the Guwahati Crime Branch Police Station.

The charges invoke a litany of provisions under the Bharatiya Nyaya Sanhita (BNS), including:

• Section 175: False statement in connection with an election
• Sections 35, 36, 318: Cheating
• Section 338: Forgery of valuable will, security, etc.
• Section 337: Forgery of record of court or public register
• Section 340: Forged document or electronic record and using it as genuine
• Section 352: Intentional insult with intent to provoke breach of peace
• Section 356: Defamation

Khera’s plea astutely requests transit anticipatory bail, a procedural safeguard enabling him to approach competent courts in Assam without the peril of immediate custody.

Khera is represented by Advocate Poonam Ashok Goud

This strategic filing in Telangana where Khera claims jurisdictional ties invokes the high court’s powers under Article 226 of the Constitution to pre-empt what he terms a “politically motivated” arrest.

According to multiple media reports, Assam Police intensified their pursuit on Tuesday, raiding Khera’s residence in Delhi, only to find him absent.

The development has fuelled accusations of overreach, with Congress spokespersons decrying it as an assault on dissent and journalistic scrutiny of public figures.

As Chairman of the Congress’s Media and Publicity Department and a key member of the party’s Working Committee, Khera occupies a pivotal role in shaping the opposition’s narrative.