The Supreme Court on Wednesday stayed the one-week transit anticipatory bail granted to Congress leader Pawan Khera by Telangana High Court in a criminal case filed against him for accusing Assam chief minister Himanta Biswa Sarma’s wife of possessing multiple passports.
The apex court, however, made it clear that in case Khera applies for anticipatory bail before a court having jurisdiction in Assam, this order must not cause any adverse inference.
The case against Khera was registered in Guwahati under BNS sections dealing with false statement in connection with an election, right of private defence of the body and of property, and cheating.
“We are surprised at the order passed,” the apex court bench of Justices J.K. Maheshwari and Atul S. Chandurkar observed while staying the April 10 order passed by a judge of Telangana High Court, whose jurisdiction was invoked by Khera in an alleged bid to avoid arrest.
Appearing for the Assam government, solicitor-general Tushar Mehta assailed the high court order on the ground that Khera had used a fabricated Aadhaar card of his wife to claim that they were residents of Hyderabad, so he could invoke the jurisdiction of Telangana High Court and avoid action on an offence committed in Assam.
“This is complete abuse of the process. He (Khera) does not say why he is not going to Assam and why he can’t go to Assam,” Mehta said while seeking a stay on the high court order.
He questioned whether merely having some property, whether owned or rented, could impact jurisdiction as someone can buy or rent 10 properties in 10 different places.
“This is nothing but ‘forum shopping’ if not ‘forum choosing’,” Mehta argued.
The bench observed that Khera had also filed an application seeking extension of anticipatory bail by three weeks.
“After hearing, we issue notice returnable on May 13, 2026. In the meantime, operation of the impugned order shall remain stayed,” the bench said.
On April 7, the Assam police raided Khera’s home in Delhi in connection with the case. Khera was not at home at that time.
Assam chief minister Himanta Biswa Sarma said on Wednesday that in his view, Telangana High Court could not grant transit bail as Khera is not a resident of that state. “The law will take its own course,” he said.