Am I a criminal? Pawan Khera asks as SC pauses bail in case by Assam CM's wife

The Supreme Court paused Pawan Khera's interim bail in a defamation case, refused to extend his protection till Tuesday, and directed him to seek anticipatory bail before a competent Assam court.

In Short

• Pawan Khera seeks extension of interim bail to approach Assam court
• Pawan Khera seeks extension of interim bail to approach Assam court
• Congress leader responds to court’s stance, asking, 'Am I a criminal?'

The Supreme Court on Friday, for the second time, paused the interim bail granted to Congress leader Pawan Khera in a defamation case filed by the wife of Assam Chief Minister Himanta Biswa Sarma, over Khera’s allegations that she held multiple passports and foreign assets.

Khera had sought an extension of his transit anticipatory bail granted by Telangana High Court till Tuesday, citing the closure of courts in Assam. The Supreme Court, however, declined the request and directed him to approach the appropriate court in Assam without delay.

As the court refused to grant relief, Senior Advocate Abhishek Manu Singhvi, appearing for Khera, remarked, “Today is Friday, I am filing on Monday. Am I a hardened criminal so as to deny even this relief?”

The Supreme Court also flagged discrepancies in his bail plea filed before the Telangana High Court, which Attorney General Tushar Mehta, appearing for Assam, had earlier described as “forum shopping", pointing out that the front page of the Aadhaar card submitted was in Khera’s name, while the reverse side reflected his wife’s address, with differing Aadhaar numbers.

Responding to this, Khera said, “Your Lordships were misled. I made a small error by filing the wrong document,” a claim the court questioned, asking, “How can you call it a small error?”

Singhvi further argued that the Supreme Court’s April 15 stay on the Telangana High Court’s order stemmed from a misunderstanding regarding the documents submitted. Referring to the Solicitor General’s claim that the bail was obtained using a fabricated Aadhaar document, Singhvi said the discrepancy arose due to the urgency of filing and was later rectified with correct documents.

"The Telangana petition was filed in a hurry. During arguments, it was pointed out and the correct document was filed. My wife is an MLA candidate in Telangana. Her affidavit was filed on the same day, but that was not pointed out. A hundred policemen were sent to Nizamuddin (Khera’s residence). There is Article 21 in this country. He does not tell you that the correct document has been filed. This is all prejudice,” he told the court.

The bench of Justice JK Maheshwari and Justice Atul S Chandurkar, however, was not inclined to grant any extension. Justice Maheshwari underscored the seriousness of submitting incorrect documents before a court and rejected the argument that the lapse was minor. The court reiterated that Khera was free to approach the competent court in Assam, including by seeking urgent listing.

It also clarified that any such application would be decided independently on its own merits and would not be influenced by observations made in earlier Supreme Court orders.

A case has been registered against Khera in Guwahati on charges including forgery, cheating, and defamation, following his allegations that Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma, held multiple passports and offshore assets that were not disclosed in the Chief Minister’s election affidavit. The claims triggered a political controversy in Assam ahead of the recent Assembly elections.

On April 10, the Telangana High Court granted Khera transit anticipatory bail for one week, allowing him time to approach the appropriate court in Assam, observing that such limited protection could be extended to safeguard personal liberty under Article 21.

Challenging this, the Assam government moved the Supreme Court, arguing that Khera had no justification to seek relief from a Telangana court instead of approaching courts in Assam.

On April 15, the Supreme Court stayed the Telangana High Court’s order, raising concerns over jurisdiction and the manner in which relief was granted. It clarified that if Khera approached the appropriate court in Assam, his plea would be considered on its own merits.

The Assam Police had earlier conducted searches in Hyderabad and at Khera’s residence in Delhi in connection with the case.

- Ends