Supreme Court Stays Telangana High Court’s Transit Anticipatory Bail to Congress Leader Pawan Khera in Assam Defamation Case
New Delhi, April 15, 2026 — In a significant legal setback for Congress leader and national spokesperson Pawan Khera, the Supreme Court on Wednesday stayed the one-week transit anticipatory bail granted to him by the Telangana High Court. The order came while hearing a challenge filed by the Assam government against the Telangana court’s interim relief.
The case stems from serious allegations made by Khera during a press conference on April 4-5, 2026, just days before the Assam Assembly elections. Khera claimed that Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma, holds multiple foreign passports (including from UAE, Antigua and Barbuda, and Egypt) and has undisclosed overseas assets and properties. He further alleged irregularities in the CM’s election affidavits regarding these assets.
Riniki Bhuyan Sarma strongly denied the claims, calling them “fabricated,” “malicious,” and politically motivated. She filed an FIR at the Guwahati Crime Branch Police Station in Assam, accusing Khera of defamation, forgery of documents, cheating, criminal conspiracy, making false statements in connection with elections, criminal intimidation, and public mischief. The FIR invokes 14 sections of the new Bharatiya Nyaya Sanhita (BNS). Assam Police later conducted searches at Khera’s residence in Delhi as part of the investigation.
Telangana High Court Grants Short-Term Relief
Fearing arrest, Khera approached the Telangana High Court seeking transit anticipatory bail — a temporary protection that would allow him time to travel safely to Assam and apply for regular anticipatory bail there. On April 10-11, 2026, the Telangana High Court granted him one-week protection, noting that he had acted promptly and was “not an ordinary person.” However, the court limited the relief to one week and asked him to approach the appropriate forum in Assam.
Assam Government’s Challenge and Supreme Court Intervention
The Assam government swiftly moved the Supreme Court, arguing that the Telangana High Court lacked jurisdiction in the matter. Assam Police contended that Khera had used a forged or questionable document (related to his wife’s Aadhaar address) to invoke the Telangana court’s jurisdiction — an act described as “forum shopping.” They emphasized that the case is registered in Assam, the alleged offences occurred there, and the investigation is being handled by Assam Police.
A bench comprising Justices J.K. Maheshwari and A.S. Chandurkar (or similar composition in reports) heard the matter today. The Supreme Court expressed surprise at the Telangana High Court’s order and immediately stayed its operation. The court issued notice to Pawan Khera and other respondents, seeking their reply within three weeks.
Importantly, the Supreme Court clarified that the stay will not prejudice Khera’s rights. It explicitly observed that if he applies for anticipatory bail before the competent court in Assam, today’s order “may not have any adverse inference” against him.
What Happens Next for Pawan Khera?
With the transit bail now stayed, Khera currently has no immediate protection from arrest in this case. His primary option is to promptly approach the Gauhati High Court or the appropriate sessions court in Assam for anticipatory bail. Legal experts note that the Supreme Court’s observation provides a relatively clean slate for him in the Assam courts.
The main criminal case will continue to be investigated and tried in Assam. If convicted on the serious charges of forgery and conspiracy, Khera could potentially face several years in prison, though political cases of this nature often see prolonged litigation, repeated bail applications, or eventual settlements.
Political Context
The controversy erupted at a sensitive time — just before the Assam Assembly polls held on April 9, 2026. The BJP-led government in Assam, headed by Himanta Biswa Sarma, has described Khera’s claims as a desperate attempt by the Congress to damage the CM’s reputation. The Sarma family has maintained that the documents presented by Khera were manipulated or sourced from dubious origins.
This development highlights ongoing tensions between the Congress and the ruling BJP in Assam, as well as broader debates over jurisdiction in inter-state criminal matters and the use of anticipatory bail.
The Supreme Court is expected to hear the matter in greater detail after notices are served. For now, the ball is back in the Assam courts, where Khera must seek regular relief while the investigation proceeds.