Guwahati: The Supreme Court on Wednesday, April 15, stayed the Telangana High Court order that had granted transit anticipatory bail to Congress leader Pawan Khera.
The case is linked to an FIR filed by Assam Police over allegations that he made claims suggesting Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma, held multiple passports of different countries.
A bench comprising Justice J.K. Maheshwari and Justice Atul S. Chandurkar issued the interim direction while also seeking a response from the Assam government on its plea challenging the High Court ruling.
The court observed that if Khera moves an anticipatory bail application before the competent court in Assam, the present interim order would not affect its consideration.
Solicitor General Tushar Mehta, representing Assam, argued that Khera’s plea did not clarify the basis for claiming territorial jurisdiction in Telangana.
He further pointed out that the High Court did not take into account that one of the offences carries a punishment of up to 10 years’ imprisonment.
During the hearing, Justice Maheshwari noted that Khera had referred to his wife’s residence as Hyderabad, but the Solicitor General countered that official documents such as Aadhaar listed her address in Delhi.
The Solicitor General argued that accepting such reasoning would allow individuals to approach courts in any state where they hold property, describing it as forum shopping, and referring to the Supreme Court’s ruling in Priya Indoria.
He also said that the petition failed to explain why the accused could not approach courts in Assam and did not establish any link between the case and Telangana. Expressing concern, the bench said it was surprised by the High Court’s decision, while also noting that Khera had filed for extension of interim protection.
To recall, on April 10, the Telangana High Court granted transit anticipatory bail to Khera for one week with conditions, including a direction to seek relief from the Gauhati High Court.
The High Court rejected the state’s objection on jurisdiction and held that under Article 21 of the Constitution, limited transit anticipatory bail could be granted even outside its territorial jurisdiction to enable an accused to approach the competent court.
It observed that immediate protection may be necessary where there is a reasonable apprehension of arrest, and that such relief ensures access to appropriate legal remedies in the correct jurisdiction.
Challenging this order, the Assam government argued that Khera had not provided any justification for approaching the Telangana High Court instead of courts in Assam, where the FIR was registered.
The FIR includes charges under multiple provisions of the Bharatiya Nyaya Sanhita relating to false statements during elections, cheating, forgery, defamation, and acts intended to disturb public peace, registered at the Guwahati Crime Branch Police Station.
Earlier, on April 7, Assam Police reached Hyderabad in search of Khera and also conducted a search operation at his residence in Delhi, according to reports.