SC Refuses to Extend Pawan Khera’s Anticipatory Bail
SC Refuses to Extend Pawan Khera’s Anticipatory Bail
Supreme Court denies a further extension of transit anticipatory bail for Congress leader Pawan Khera as his Assam case progresses, sharpening the legal battle and prompting debate over bail rules.
The Supreme Court on Friday refused to extend Congress leader Pawan Khera’s transit anticipatory bail in the Assam case that accuses him of making allegations about Riniki Bhuyan Sharma, the wife of Chief Minister Himanta Biswa Sarma, and her alleged foreign passports. The request for extension came after a Telangana High Court order granted him a one-week transit anticipatory bail, which the apex court had stayed earlier in the week. Khera’s counsel said his pre-arrest bail plea would be heard in Gauhati High Court on Monday, and he sought an extension of bail until then. “Our order was passed on April 15 [Wednesday]. Instead of moving another application here, why did not you file it there?” the bench asked, underscoring a preference for proceedings to be heard in the appropriate forum.
Senior advocate Abhishek Manu Singhvi, appearing for Khera, argued that the court had recently flagged a forged and fabricated Aadhaar card used in the bail application, which was corrected during the hearing, and said the court’s observation should not bind other courts deciding the anticipatory bail. Singhvi noted that the centre opposed an extension and that any remark by the Supreme Court should not influence the pending hearing elsewhere. The solicitor general and other government counsel maintained that extending the transit bail would complicate matters, especially since the FIR originated in Assam. The bench made clear that an anticipatory bail application filed before the competent court should not be swayed by stay orders or transit bail, and the matter would continue in the Gauhati High Court or Assam courts as appropriate.
The development spotlights ongoing tensions around forum shopping and bail procedures in politically sensitive cases, with questions about where disputes should be heard and how quickly bail-related issues can be resolved. For Khera, the stay signals a wait until the next hearing in Assam, with the legal process continuing to unfold across multiple jurisdictions as the Centre maintains its position opposing the extension and seeks a timely resolution in the proper forum.
