SC denies protection to Khera, asks him to move Assam court
April 17, 2026
Guwahati: After the Supreme Court on Friday refused to extend the transit anticipatory bail protection for Congress leader Pawan Khera granted to him .
The Supreme Court of India on Friday declined to extend legal protection to Congress leader Pawan Khera, directing him to approach the competent court in Assam for relief in a case filed against him in the state. A bench of Justices JK Maheshwari and Atul S. Chandurkar refused Khera's plea to prolong a transit anticipatory bail, leaving him without immediate protection from arrest. The court stated that the jurisdictional court in Assam must handle the matter, disposing of Khera's application and clarifying that any future bail request should be considered on its own merits without influence from prior high court or Supreme Court observations.
The case originates from an FIR filed by the Assam Police following a press conference on April 5, 2026. During the press conference, Khera made allegations against Riniki Bhuyan Sarma, the wife of Assam's Chief Minister Himanta Biswa Sarma. Khera claimed she held multiple passports and possessed undisclosed overseas assets. These allegations were swiftly and strongly denied by Sarma's family, who labeled them as false, fabricated, and malicious, leading to the filing of the police complaint that includes charges of forgery and defamation.
Following the registration of the FIR, Khera sought legal protection from a different jurisdiction. Citing his family's residence in Hyderabad, he approached the Telangana High Court, which granted him a one-week transit anticipatory bail to allow him time to seek remedies from the appropriate court. However, the Assam state government quickly challenged this decision, taking the matter to the Supreme Court. On April 15, the apex court stayed the Telangana High Court's order, which set the stage for the subsequent hearing where Khera's request for an extension was ultimately denied.
During the proceedings, Khera’s legal team had requested that the protection from arrest be extended until the following Tuesday, arguing that the courts in Assam might be closed over the weekend. They had previously contended that the case was politically motivated. The Supreme Court was not persuaded to grant the extension, emphasizing that the accused must submit to the jurisdiction of the court where the trial is set to take place. The bench observed that Khera had already benefited from a significant period of protection and should now follow the standard legal process.
This ruling marks a significant setback for the Congress leader, as the legal battle now moves to Assam. Khera's immediate next step is to apply for anticipatory bail before the appropriate court in Assam, failing which he could face coercive action from the state police. The decision underscores the principle that extraordinary interventions by the Supreme Court are temporary and that such high-profile cases must ultimately proceed through the established trial court system.
Source: toi