SC Declines Relief to Pawan Khera in Assam CM’s Wife Passport Row
Home IndiaSC Declines Relief to Pawan Khera in Assam CM’s Wife Passport Row

SC Declines Relief to Pawan Khera in Assam CM’s Wife Passport Row

Top Court Directs Congress Leader to Seek Anticipatory Bail in Assam; Dismisses Plea for Protection Against Coercive Action

by P D

NEW DELHI — The Pawan Khera Supreme Court saga reached a critical juncture on Friday, April 17, 2026. The apex court refused to grant the Congress leader any further protection from arrest. This case stems from allegations Khera leveled against Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma. While Khera sought an extension of his transit bail until April 20, a bench comprising Justices J.K. Maheshwari and Atul S. Chandurkar declined the request. Instead, the court directed Khera to approach a competent jurisdictional court in Assam to seek regular anticipatory bail immediately.

The legal battle intensified after the Assam government challenged a previous transit bail granted by the Telangana High Court. On Wednesday, the Supreme Court had already stayed that order, expressing surprise at how a court in Telangana entertained the plea. The FIR, registered by the Guwahati Crime Branch, accuses Khera of making false statements during a press conference on April 5. Khera had alleged that the CM’s wife held multiple foreign passports and undisclosed overseas assets. Both the Chief Minister and his wife have dismissed these claims as entirely fabricated.

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Jurisdictional Disputes and “Forum Shopping” Allegations

During the hearing, the bench addressed the controversial issue of territorial jurisdiction. Solicitor General Tushar Mehta, appearing for the Assam government, argued that Khera was engaging in “forum-shopping.” He pointed out that the FIR was lodged in Assam and that Khera’s primary residence is in Delhi. Mehta questioned why the Congress leader moved the Telangana High Court for relief. He further alleged that the documents used to establish a Hyderabad link were misleading, a point the bench took serious note of.

Senior Advocate Abhishek Manu Singhvi, representing Khera, pleaded for a short extension of the stay. He argued that his client apprehended arrest by Monday. Additionally, he clarified that any errors in the initial filing were genuine mistakes and not deliberate forgery. However, the bench remained firm. It stated that the transit bail was only a temporary measure. The court clarified that its current stance should not influence the Assam court’s decision. It urged the local court to decide the bail plea on its own merits and “expeditiously.”

Impact on the Upcoming Election Narrative

The Pawan Khera Supreme Court decision comes at a sensitive time, just days after the April 9 Assembly polls in Assam. Khera’s allegations were central to the opposition’s campaign strategy, aiming to question the transparency of the Chief Minister’s election affidavit. By alleging that Riniki Bhuyan Sharma failed to declare foreign properties, the Congress sought to paint a picture of administrative corruption. The Sarma family, however, has characterized this as a desperate attempt to malign their reputation for political gains.

The Guwahati Crime Branch has registered the case under the Bharatiya Nyaya Sanhita (BNS). Specifically, sections 175, 35, and 318 deal with false statements in elections and cheating. Following the Supreme Court’s refusal to interfere, the spotlight now shifts to the courts in Guwahati. If Khera fails to secure anticipatory bail there, he faces the risk of immediate custodial interrogation. The Assam police have already conducted searches at his Delhi residence earlier this month, signaling their intent to pursue the investigation rigorously.

Legal Remedies and Next Steps for Khera

With the top court disposing of the plea, Khera’s legal team is expected to move the Guwahati High Court or a sessions court by Monday. The Supreme Court provided a small window of flexibility, noting that if the Assam courts are not functioning, Khera could approach the registry. Moreover, the bench emphasized that no adverse remarks made during these proceedings should prejudice the Congress leader’s case in the local courts.

This development marks another chapter in the growing friction between central opposition leaders and state-level investigations. As the legal machinery in Assam gears up, the political fallout continues to simmer. The Congress party has called the move an attempt to “silence” those asking tough questions. Conversely, the BJP maintains that the law is simply taking its course against those spreading misinformation. The final outcome of Khera’s bail application will determine whether this case goes to trial or remains a political flashpoint.

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