The Assam Police have approached the Supreme Court challenging a transit anticipatory bail granted to Congress leader Pawan Khera by the Telangana High Court in connection with a criminal case filed in Guwahati. The FIR was lodged by Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma, over allegations made by Khera during a press conference. He had reportedly claimed that she held passports of multiple countries, triggering a legal dispute that escalated into a multi-state judicial matter.
Telangana High Court Grants Limited Protection Under Article 21
On April 10, the Telangana High Court granted Khera transit anticipatory bail for one week, directing him to approach the Gauhati High Court for further relief. The court observed that immediate protection was necessary to enable the accused to seek remedies in the appropriate jurisdiction. Citing Article 21 of the Constitution, the court rejected Assam’s argument that Khera should have directly approached courts in Assam, stating that transit protection exists to prevent arrest during such procedural movement across states.
Assam Government Challenges Jurisdictional Basis of Bail
The Assam government has now moved the Supreme Court, arguing that Khera had not provided sufficient justification for seeking anticipatory bail in Hyderabad instead of Assam. Officials contended that the petition should have been filed in the jurisdiction where the FIR was registered. The state further maintained that granting relief outside Assam undermines procedural fairness and jurisdictional authority. Meanwhile, the High Court’s ruling emphasized that transit anticipatory bail is a recognized legal safeguard when there is a credible apprehension of arrest.
FIR Details and Ongoing Legal Developments
The FIR registered at the Guwahati Crime Branch Police Station invokes multiple provisions of the Bharatiya Nyaya Sanhita, including allegations related to false statements in election contexts, forgery of documents, defamation, and attempts to provoke public disorder. Earlier, Assam Police teams reportedly traveled to Hyderabad and also conducted a search at Khera’s residence in Delhi. With the matter now before the Supreme Court, the legal battle is expected to further intensify, involving questions of jurisdiction, free speech, and procedural safeguards.
