The Assam government successfully challenged the relief granted to Pawan Khera with Solicitor General Tushar Mehta arguing that approaching the Telangana High Court amounted to “forum shopping” and a misuse of legal process
BY PC Bureau
NEW DELHI, April 15, 2026: The Supreme Court on Wednesday put on hold the Telangana High Court’s order granting Congress leader Pawan Khera one-week transit anticipatory bail, ruling that he must seek relief from a competent court in Assam where the case against him has been registered.
The order comes as a relief to the Assam government, which had challenged the April 10 decision of the Telangana High Court, arguing that it lacked territorial jurisdiction to entertain Khera’s plea in a case linked to allegations against Riniki Bhuyan Sarma, the wife of Assam Chief Minister Himanta Biswa Sarma.
While staying the high court’s order, the apex court made it clear that Khera is at liberty to approach the appropriate court in Assam for anticipatory bail.
Representing the Assam Police, Solicitor General Tushar Mehta argued that Khera had approached the wrong forum, pointing to a “patent lack of territorial jurisdiction.” He submitted that the FIR was registered in Assam and that there was no justification for seeking relief from a Telangana court.
Mehta further contended that Khera had not established any meaningful connection to Telangana, adding that “merely having some property” in a state does not confer jurisdiction. He described the move as a “complete abuse of process” and an instance of “forum choosing.”
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During the hearing, Justice Dinesh Maheshwari noted that Khera had cited his wife’s residence in Hyderabad as a basis for approaching the Telangana High Court. However, the Solicitor General countered that Khera’s Aadhaar records indicate a Delhi address, and that occasional presence in a state cannot justify jurisdiction.
The Telangana High Court had earlier granted Khera limited protection for one week, observing that his apprehension of arrest appeared “reasonable and supported by material on record.” It had also directed him to cooperate with the investigation and refrain from making statements that could influence the probe.
The Assam government challenged this relief, maintaining that Khera had failed to show any compelling reason to bypass courts in Assam.
The case arises from an FIR registered at the Guwahati Crime Branch Police Station following Khera’s April 5 allegations that Riniki Bhuyan Sarma possessed multiple foreign passports and undisclosed overseas assets. The allegations were dismissed by the Sarma family as “false and fabricated.”
The FIR has been filed under provisions of the Bharatiya Nyaya Sanhita, including sections related to making false statements in connection with elections and cheating.
