'We're Surprised' : Supreme Court Stays Telangana High Court's Transit Anticipatory Bail To Pawan Khera In Assam FIR

The Supreme Court today stayed the order passed by the Telangana High Court granting transit anticipatory bail to Congress leader Pawan Khera in connection with an FIR registered by the Assam Police on Assam CM Himanta Biswa Sarma's wife, Riniki Bhuyan Sharma, over Khera's allegations that she held multiple passports of different countries.A bench of Justice JK Maheshwari and Justice Atul S Chandurkar passed the interim order while issuing notice on the petition filed by the State of Assam against the High Court's order.The bench said that if Khera applies for anticipatory bail in the Court having jurisdiction in Assam, then the interim order passed by the Supreme Court will not have any adverse effect on the consideration of such an application.Solicitor General of India Tushar Mehta, appearing for the State of Assam, submitted that there was no averment in Khera's petition as to how there was territorial jurisdiction in Telangana.SG also submitted that the High Court missed the fact that one of the offences carried a maximum punishment of 10 years imprisonment.Justice Maheshwari observed that Khera's note submitted during the hearing stated that his wife was residing at Hyderabad. However, the SG replied that Kherai produced the front of his Aadhaar card along with the backside of his wife's Aadhaar card to create an impression that he had residence in Telangana."If this is the case, a person can buy properties across the country, and seek anticipatory bail from the places they choose. This is forum-shopping, if not forum-choosing..." SG said, adding that such practices were frowned upon by the Supreme Court in the judgment in Priya Indoria."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)," SG said."We are surprised [by the High Court's order]," Justice Maheshwari said. Justice Maheshwari also said that Khera has filed an application for extension of the anticipatory bail.To recap, 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 High Court rejected the State's argument on maintainability of bail petition and 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. Aggrieved, the Assam Government 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 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.On April 7, Assam police reached Hyderabad, Telangana, looking for Khera. As per reports, Assam Police also visited Khera's residence in Delhi and conducted a search.Case Details: THE STATE OF ASSAM v. PAWAN KHERA | Diary No. - 22236/2026Click Here To Read/Download Order

'We're Surprised' : Supreme Court Stays Telangana High Court's Transit Anticipatory Bail To Pawan Khera In Assam FIR

Debby Jain

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