Pawan Khera Approaches Supreme Court After Gauhati HC Rejects Anticipatory Bail

NEW DELHI: Congress spokesperson Pawan Khera has moved the Supreme Court after the Gauhati High Court rejected his anticipatory bail plea in a defamation and forgery case registered against him by the Assam Police. The Gauhati High Court had on April 24 rejected Khera's plea for anticipatory bail in the case registered by the Crime Branch of Assam Police in Guwahati.

The case against Khera was registered following his claim at a press briefing that Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan, allegedly "holds multiple foreign passports and undisclosed assets abroad".

During the previous hearing, Khera’s counsel, Abhishek Manu Singhvi, argued that his client was not a flight risk and that arrest was unnecessary, describing the case as politically motivated. The Assam government, represented by Advocate General Devajit Lon Saikia, opposed the relief, contending that the case involved serious offences, including cheating and forgery, not just defamation.

The Supreme Court, appearing for the Assam Police, heard arguments where Solicitor General Tushar Mehta questioned the maintainability of Khera's plea before the Telangana High Court, citing a "patent lack of territorial jurisdiction". Mehta submitted that the FIR was registered in Assam, and Khera had not justified why he could not seek anticipatory bail there. He also pointed out that Khera sought anticipatory bail in Telangana without clearly establishing his presence in the state, adding that "merely having some property" cannot confer jurisdiction. Mehta described the situation as a "complete abuse of process" and a case of "forum choosing".

During the Supreme Court hearing, Justice Dinesh Maheshwari noted that Khera had cited his wife’s residence in Hyderabad as a ground for jurisdiction. However, the Solicitor General countered that Khera’s Aadhaar records reflected a Delhi address, and that occasional travel or property ownership cannot justify jurisdiction, according to LiveLaw.

The Telangana High Court had previously granted Khera a limited transit anticipatory bail for one week. The court had observed that his apprehension of arrest appeared "reasonable and supported by material on record", while imposing conditions such as cooperation with the investigation and refraining from making public statements that could prejudice the probe.

The Assam government had challenged this order, arguing that Khera had not demonstrated any compelling reason to bypass the courts in Assam, where the case was originally registered.