The Supreme Court of India on Wednesday stayed a Telangana High Court order that had granted one-week transit anticipatory bail to senior Congress leader Pawan Khera. The stay comes in response to a petition by the Assam government, which challenged the High Court’s jurisdiction and accused Khera of “forum shopping” in a case involving allegations made against the wife of Assam Chief Minister Himanta Biswa Sarma.
The legal trouble for Khera stems from a press conference held on April 5, where he leveled serious allegations against Riniki Bhuyan Sarma, the wife of the Assam Chief Minister. Khera claimed that she possessed multiple passports and foreign properties which were not disclosed in the Chief Minister’s election affidavit for the April 9 Assembly polls in Assam.
These allegations were categorically rejected by the Sarmas as false and fabricated. Subsequently, a case was registered at the Guwahati Crime Branch Police Station under several sections of the Bharatiya Nyaya Sanhita (BNS), including Section 175 (false statement in connection with an election), Section 35 (Right of private defence of the body and of property), and Section 318 (cheating).
On April 10, the Telangana High Court had granted Khera a one-week window of transit anticipatory bail, allowing him time to approach the concerned court in Assam for regular relief.
Arguments Before the Supreme Court
The Assam government moved the apex court to challenge the Telangana High Court’s intervention. Representing the Assam government, Solicitor General Tushar Mehta argued that Khera’s move to seek bail in Telangana for a case registered in Assam constituted a “complete abuse of process.”
Mehta contended that this was a clear instance of “forum choosing,” where a litigant attempts to select a specific court they believe will be more favorable to their cause, despite the primary jurisdiction lying elsewhere.
A bench comprising Justices J K Maheshwari and A S Chandurkar took note of the Solicitor General’s submissions. While issuing notice to Pawan Khera and other parties involved to seek their formal responses, the bench ordered an immediate stay on the operation of the Telangana High Court’s order.
“Operation of the high court order would remain stayed,” the bench remarked while scheduling the matter for a detailed hearing after three weeks.
The decision effectively pauses the protection Khera received from the High Court, as the Supreme Court prepares to deliberate on whether a High Court can grant transit bail for an FIR registered in a distant state under these specific circumstances.
