Assam Police Move Supreme Court Against Telangana HC Order Granting Anticipatory Bail To Congress Leader Pawan Khera

The Assam Police have moved the Supreme Court over the grant of transit anticipatory bail to the official spokesperson of Congress leader Pawan Khera in connection with an FIR filed by Assam CM Himanta Biswa Sarma's wife, Riniki Bhuyan Sharma over Khera's allegations that she held multiple passports of different countries.

On April 10, Justice K Sujana of the Telangana High Court granted anticipatory bail to Khera for one week, subject to conditions, including that he will approach the Gauhati High Court to seek appropriate relief. 

The Assam Government has challenged the bail order on the grounds that the anticipatory bail petition was filed in Hyderabad, whereas Khera has not shown any reason as to why he cannot come to Assam and file for anticipatory bail there.

The High Court had rejected the State's argument on maintainability of bail petition and has stated that, considering Article 21 of the Constitution, the High Court can grant a limited transit anticipatory bail, even outside its jurisdiction, to enable the accused to approach the competent Court.

"The contention of the learned Advocate General that the petitioner can directly approach the Courts in Assam cannot be a ground to deny limited protection, particularly when there exist a reasonable apprehension of arrest. The concept of transit anticipatory bail is precisely evolved to address such situations where immediate protection is required to enable the accused to avail appropriate remedies before the competent jurisdictional court," the High Court noted.

For context, the FIR has been registered under Sections 175(false statement in connection with an election), 35, 36, 318 (Cheating), 338, (forgery of valuable will, security etc.), 337(Forgery of record of Court or of public register, etc.), 340(Forged document or electronic record and using it as genuine), 352(Intentional insult with intent to provoke breach of peace), 356(Defamation) of Bharatiya Nyaya Sanhita, at Guwahati Crime Branch Police Station.

Last Tuesday, Assam police reached Hyderabad, Telangana, looking for Khera. As per reports, Assam Police had also visited Khera's residence in Delhi and conducted a search.

Case Details: THE STATE OF ASSAM vs. PAWAN KHERA|Diary No. - 22236/2026