‘We are surprised’: SC stays Pawan Khera’s bail over remarks on Himanta Biswa Sarma’s wife

Khera had alleged that the Assam Chief Minister’s wife holds passports of three countries — India, the UAE and Egypt — and accused her of owning undisclosed luxury properties in Dubai and having links to a company in Wyoming, United States.

The Assam Police had registered a First Information Report (FIR) against Khera on Riniki Bhuyan's complaint.

A bench of Justices J.K. Maheshwari and Atul S. Chandurkar passed the interim order while hearing a plea filed by Assam challenging the High Court’s decision.

The bench clarified that its order would not adversely affect Khera if he seeks anticipatory bail before a court with proper jurisdiction in Assam.

Solicitor General Tushar Mehta, appearing for the state, argued that Khera failed to establish territorial jurisdiction in Telangana.

Supreme Court ‘surprised’ at Telangana HC order

During the hearing, when Justice Maheshwari noted that Khera cited his wife’s residence in Hyderabad, Mehta countered that her Aadhaar card shows a Delhi address.

“If this is the case, a person can buy properties across the country and seek anticipatory bail from places they choose. This is forum-shopping,” Mehta argued.

Justice Maheshwari remarked, “We are surprised (by the Telangana High Court order).”

Why did Telangana HC grant anticipatory bail?

On April 10, Justice K. Sujana of the Telangana High Court granted Khera transit anticipatory bail, directing him to seek appropriate relief from the Gauhati High Court.

Rejecting the state’s objection, the High Court said limited transit bail could be granted under Article 21 to enable an accused to approach the competent court.

Sarma responds

Responding strongly, Sarma criticised Khera and indicated possible legal action.

“Pawan Khera is more insane than Rahul Gandhi... The Congress leaders are useless... I am going to take strong action against him,” the Chief Minister said.