Congress leader Pawan Khera has moved the Supreme Court challenging the Gauhati High Court’s refusal to grant him anticipatory bail in a criminal case filed by Assam Police. The case concerns his alleged remarks about Chief Minister Himanta Biswa Sarma’s wife.
Congress leader Pawan Khera moved the Supreme Court challenging the Gauhati High Court’s order that rejected his anticipatory bail plea in a criminal case registered by Assam Police over his alleged remarks against Chief Minister Himanta Biswa Sarma’s wife.
According to information available on the apex court’s official website, Khera filed a Special Leave Petition (SLP) on Sunday.
The matter has been registered as Diary No. 25523/2026. The petition, submitted at around 6.26 p.m., is currently listed as pending.
The move comes two days after the Gauhati High Court refused to grant pre-arrest bail to Khera.
A single-judge bench of Justice Parthivjyoti Saikia had held that the Congress leader “does not deserve to be given the privilege of anticipatory bail”.
The Gauhati High Court had said while rejecting his plea,
“The case cannot be termed as a case of defamation simpliciter. There are materials for a prima facie case under Section 339 of the Bharatiya Nyaya Sanhita (BNS), 2023,”
During the hearing, senior advocate Abhishek Manu Singhvi, appearing for Khera, argued that the case was politically motivated and was linked to remarks attributed to the Assam Chief Minister.
He further submitted that the circumstances surrounding the case raised concerns about fairness, particularly in light of the upcoming state elections. Singhvi said Khera posed no flight risk and that custodial interrogation was unnecessary.
He also questioned the need for arrest, contending that the allegations, at best, could amount to criminal defamation.
Senior counsel Kamal Nayan Choudhury backed these arguments, terming the charges “scandalous” and alleging they were framed with deliberate malice.
He claimed that the nature of the allegations did not justify invoking serious penal provisions and that the matter could be handled through a private complaint.
Opposing the plea, Assam Advocate General Devajit Lon Saikia said the case went beyond defamation. He said it involved serious offences, including cheating and forgery, with claims of fabricated documents and title deeds, and therefore required custodial investigation.
The Congress had earlier said it would challenge the Gauhati High Court’s verdict in the Supreme Court. Congress General Secretary (Communications) Jairam Ramesh said the party stood solidly in solidarity with Khera and expressed confidence that relief would be granted.
Ramesh said in a post on X,
“The entire Indian National Congress stands solidly in solidarity with Pawan Khera, the Chairman of its Media and Publicity Department. The verdict of the Guwahati High Court is in the process of being challenged in the Supreme Court. We are confident that justice will prevail over the politics of threat, intimidation, and harassment,”
Earlier, Khera had received interim relief from the Telangana High Court, which granted him limited transit anticipatory bail to allow him to approach the appropriate court in Assam for regular relief.
However, the Supreme Court later stayed that order after the Assam Police challenged it. The apex court then declined to vacate the stay and also refused to extend the interim protection.
The Supreme Court, however, clarified that any observations made in its earlier orders should not influence the competent court in Assam while considering the bail application. After that, Khera approached the Gauhati High Court again seeking anticipatory bail.
The controversy relates to allegations made by Khera that Riniki Bhuyan Sarma had multiple foreign passports, undisclosed luxury properties abroad, and connections to shell companies.
The FIR, lodged at the Guwahati Crime Branch Police Station, cites multiple provisions of the Bharatiya Nyaya Sanhita, including charges linked to false statements, cheating, forgery, and defamation.
Earlier this month, Assam Police carried out searches at Khera’s residence in Delhi and also visited Hyderabad in connection with the case.