Today, On 15th April, The Supreme Court of India stayed the Telangana High Court order granting transit anticipatory bail to Pawan Khera, observing he relied on a forged document to invoke jurisdiction. The Bench said, “We are surprised [by the High Court’s order],”.
The Supreme Court of India heard a plea filed by the Assam Police challenging the grant of transit anticipatory bail to Congress leader Pawan Khera.
The case arises from an FIR registered in Assam on the complaint of Riniki Bhuyan Sharma, wife of Himanta Biswa Sarma, over allegations made by Khera that she possessed multiple passports from different countries.
The matter was taken up by a bench comprising Justices J. K. Maheshwari and Atul S Chandurkar.
Earlier, a single bench of the Telangana High Court had granted transit anticipatory bail to Khera for one week, directing him to approach the Gauhati High Court for appropriate relief.
Challenging this relief, the Assam government, represented by Solicitor General Tushar Mehta, argued that the anticipatory bail plea was improperly filed before the Telangana High Court without establishing territorial jurisdiction.
He submitted that both the alleged offence and the FIR are located in Assam, and there was no valid explanation for approaching a court in Hyderabad.
During the hearing, the Court noted that the petitioner had claimed his wife resides in Hyderabad.
However, SG Mehta pointed out contradictions in the documents placed on record, stating that an Aadhaar card indicated that Khera’s wife resides in Delhi. He argued that such inconsistent stands cannot be used to invoke jurisdiction in another state.
SG Tushar Mehta argued,
“Mylord the FIR is already registered in Assam.”
Justice J. K. Maheshwari responded,
“Ok we will see to it.”
SG Tushar Mehta further submitted,
“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.”
Justice Maheshwari said,
“We are surprised [by the High Court’s order],”
Justice Maheshwari also said that Khera has filed an application for extension of the anticipatory bail.
In its order, the Court recorded the submissions of the Solicitor General, noting,
“Ld. SG Mehta submits that respondent applied for regular bail to the high court as per the prayer made in the bail in Telangana though the offence is committed at Guwahati. The document Aadhar card has been used. The front page of the Aadhar card is the name of respondent no. 1 but the backside indicates the address of his wife. Thus by furnishing a forged document respondent took advantage of jurisdiction of Telangana high court.”
After considering the submissions, the Court observed that the Telangana High Court had granted relief for seven days and that the petitioner had also sought an extension of three weeks.
The Supreme Court then passed the following order,
“Having considered the submissions made, It is his contention that the court has allowed relief for 7 days and petitioner has filed for extension of 3 weeks. Considering all these aspects issue notice. Impugned order stayed. If petitioner applies for anticipatory bail in the court having jurisdiction in Assam, the order passed by this court may not have any adverse inference. Notice returnable in 3 weeks.”
With this, the Supreme Court of India stayed the operation of the Telangana High Court’s order granting transit anticipatory bail to Pawan Khera and issued notice in the matter, to be heard after three weeks.
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The FIR has been registered at the Guwahati Crime Branch Police Station under multiple sections of the Bharatiya Nyaya Sanhita, including Sections 175 (false statement related to an election), 35, 36, 318 (cheating), 338 (forgery of a valuable will, security, etc.), 337 (forgery of court records or entries in a public register), 340 (forged document/electronic record and using it as genuine), 352 (intentional insult with the intent to provoke a breach of peace), and 356 (defamation).
Earlier, On April 7, Assam Police arrived in Hyderabad, Telangana, to locate Khera. According to available reports, they also visited Khera’s residence in Delhi and carried out a search.
Case Title: THE STATE OF ASSAM v. PAWAN KHERA, Diary No. – 22236/2026