Remarks on Himanta Sarma's wife: Supreme Court stays Telangana HC’s order granting transit bail to Pawan Khera

The Supreme Court on Wednesday delivered a blow to Congress spokesperson Pawan Khera by staying a Telangana High Court ruling that had provided him with one-week transit anticipatory bail. The case stems from accusations Khera made against Riniki Bhuyan Sarma, the wife of Assam Chief Minister Himanta Biswa Sarma.

A judicial bench consisting of Justices JK Maheshwari and AS Chandurkar issued formal notices to Khera and other parties following a challenge by the Assam government against the 10 April high court order. The apex court clarified that if Khera seeks anticipatory bail from a court in Assam, its current stay should not negatively influence that future decision.

"Considering all the aspects, issue notice. In the meantime, operation of the impugned order shall remain stayed," the bench said.

Representing the Assam government, Solicitor General Tushar Mehta contended that the Telangana High Court lacked territorial jurisdiction. He argued that Khera's petition failed to explain why he approached a court in Hyderabad instead of one in Assam or Delhi. Mehta further noted that the High Court overlooked the severity of the charges, some of which carry a maximum 10-year prison sentence.

It is ‘forum choosing’, says Assam govt

"The offence is committed in Assam. The FIR is registered in Assam," Mehta said, adding that it was a "forum choosing".

"This is complete abuse of the process. He (Khera) does not say why he is not going to Assam and why he can't go to Assam," the top law officer said while seeking a stay on the high court order.

While the high court noted a claim that Khera’s wife resided in Hyderabad, Mehta countered this by citing Khera's government-issued identification, which lists her residence as Delhi. He characterised this as "forum choosing," a practice previously criticised by the Supreme Court.

The bench acknowledged Khera’s separate request for a three-week bail extension but scheduled a follow-up hearing for three weeks from now. This stay effectively allows the Assam police to proceed with coercive measures against the Congress leader.

The controversy began on 5 April, when Khera alleged during a press conference that Riniki Bhuyan Sarma possessed undeclared foreign properties and multiple passports. The Sarmas dismissed these claims as fabrications. Consequently, the Guwahati Crime Branch registered a case involving charges of cheating and providing false election statements.

Previously, the High Court’s temporary bail was contingent on a ₹1 lakh bond, cooperation with investigators, and travel restrictions. It also required Khera to seek relief from the proper Assam courts and refrain from making further public statements regarding the ongoing investigation.

"Without expressing any opinion on the merits of the case, this court is of the view that the petitioner has made out a case for the grant of limited transit anticipatory bail, as his apprehension of arrest appears to be reasonable and supported by material on record," the high court had said in its order.