Pawan Khera moves Supreme Court after Gauhati HC denies anticipatory bail

Congress leader Pawan Khera has approached the Supreme Court challenging the Gauhati High Court’s refusal to grant him anticipatory bail in a case filed by Assam Police over alleged remarks against Chief Minister Himanta Biswa Sarma’s wife.

New Delhi: Congress leader Pawan Khera on Sunday moved the Supreme Court challenging the Gauhati High Court’s order rejecting his anticipatory bail plea in connection with a criminal case registered by the Assam Police over his alleged remarks against Chief Minister Himanta Biswa Sarma’s wife.

As per details available on the apex court’s official website, a Special Leave Petition (SLP) has been filed by Khera on Sunday, and the matter has been registered as Diary No. 25523/2026.

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The plea, filed at around 6.26 p.m., is currently listed as “pending”.

The petition comes two days after the Gauhati High Court declined to grant pre-arrest bail to Khera.

A single-judge bench of Justice Parthivjyoti Saikia had held that the Congress leader “does not deserve to be given the privilege of anticipatory bail”.

“The case cannot be termed as a case of defamation simpliciter. There are materials for a prima facie case under Section 339 of the Bharatiya Nyaya Sanhita (BNS), 2023,” the Gauhati High Court had said while rejecting his plea.

During the hearing, senior advocate Abhishek Manu Singhvi, appearing for Khera, said that the case was “politically motivated” and stemmed from alleged remarks attributed to the Assam Chief Minister.

He added that the atmosphere surrounding the case raised concerns over fairness, particularly in view of the upcoming state elections.

Singhvi said that Khera posed no flight risk and that custodial interrogation was unwarranted.

He also questioned the necessity of arrest, saying that the allegations, at most, could amount to criminal defamation.

Senior counsel Kamal Nayan Choudhury echoed these arguments, describing the charges as “scandalous” and asserting that they were framed with “deliberate malice”.

He said that the nature of the allegations did not justify invoking serious penal provisions and could be addressed through a private complaint.

Opposing the plea, Assam Advocate General Devajit Lon Saikia said that the matter extended beyond defamation.

He added that the case involved serious offences such as cheating and forgery, including alleged fabrication of documents and title deeds, thereby warranting custodial investigation.

The Congress had earlier announced that the Gauhati High Court verdict would be challenged before the Supreme Court.

Congress General Secretary (Communications) Jairam Ramesh had said that the party stood “solidly in solidarity” with Khera and expressed confidence that relief would be granted.

“The entire Indian National Congress stands solidly in solidarity with Pawan Khera, the Chairman of its Media and Publicity Department. The verdict of the Guwahati High Court is in the process of being challenged in the Supreme Court. We are confident that justice will prevail over the politics of threat, intimidation, and harassment,” Ramesh had said in a post on X.

Earlier, Khera had obtained interim relief from the Telangana High Court, which granted him transit anticipatory bail for a limited period, enabling him to approach the competent court in Assam for regular relief.

However, the Supreme Court later stayed this relief after the Assam Police challenged the order. Subsequently, the apex court declined Khera’s plea to vacate the stay and also refused to extend interim protection.

The apex court clarified, however, that any observations made in its earlier orders should not influence the competent court in Assam while deciding the bail application.

Following this, Khera approached the Gauhati High Court seeking anticipatory bail.

The controversy stems from allegations made by Khera claiming that Riniki Bhuyan Sarma possessed multiple foreign passports, undisclosed luxury properties abroad, and links to shell companies.

The FIR, registered at the Guwahati Crime Branch Police Station, invokes multiple provisions of the Bharatiya Nyaya Sanhita, including charges related to false statements, cheating, forgery, and defamation.

Earlier this month, Assam Police conducted searches at Khera’s residence in Delhi and also visited Hyderabad in connection with the case.