New Delhi, April 17 (NationPress) In a significant setback for Congress leader Pawan Khera, the Supreme Court on Friday denied his request for protection from arrest, rejecting his plea to prolong the transit anticipatory bail linked to an FIR filed in Assam. This FIR pertains to his purportedly defamatory statements made against the spouse of Chief Minister Himanta Biswa Sarma.

A bench consisting of Justices J.K. Maheshwari and Atul S. Chandurkar dismissed the request for interim protection from arrest and instructed Pawan Khera to seek anticipatory bail from the appropriate court in Assam. His plea for an extension until Tuesday was also denied.

“The respondent is permitted to file in the (Guwahati) High Court… The application will be evaluated on its own merits,” stated the apex court, emphasizing that the Assam court “shall not be swayed” by the transit bail granted by the Telangana High Court or the Supreme Court's prior stay order.

The bench led by Justice Maheshwari also noted that if the jurisdictional court is not operational, a request can be made for urgent listing, which “will be assessed in accordance with the law.”

Senior advocate Abhishek Manu Singhvi, representing Khera, urged the Supreme Court to extend his protection until Tuesday, arguing that the previous order staying the transit bail was issued ex parte, and that the one-week protection granted by the Telangana High Court was set to expire on Friday. “Your lordships have been persuaded to issue an ex parte order… I will be filing in Assam on Monday. Can’t your lordships extend protection until Tuesday? Am I a hardened criminal?” Singhvi argued, claiming that the court had been misled and referring to the submission of an incorrect document as a “minor error.”

Nevertheless, the Supreme Court showed reluctance to accept the plea and scrutinized the conduct of the petitioner.

Pointing out the use of an Aadhaar card to establish jurisdiction in the Telangana High Court, the bench led by Justice Maheshwari remarked: “You assert that you have been truthful… we contend otherwise.”

When Singhvi argued that the incorrect document was rectified during the hearing in the Telangana High Court, the bench remarked that such a correction could not rectify the initial filing based on allegedly fabricated documents.

“How can you assert that this is a minor mistake?” the Supreme Court questioned, denying interim relief and instructing Khera to promptly pursue remedies before the Assam court.

Earlier, on Wednesday, the Supreme Court had suspended the Telangana High Court’s order granting Khera a one-week transit anticipatory bail, noting that his petition seemed to be based on “fabricated documents” to establish jurisdiction.

Solicitor General Tushar Mehta contended that the action constituted “forum shopping” since both the alleged offense and FIR were located in Guwahati.

While issuing notice on the Assam government’s request, the apex court clarified that Khera remains entitled to seek anticipatory bail from the competent court in Assam, and any such request will be assessed independently, without being influenced by its interim order.

The Telangana High Court had granted Khera transit anticipatory bail for a week on April 10, allowing him to approach the relevant court in Assam regarding the FIR concerning his alleged defamatory comments about Riniki Bhuyan Sarma.

Khera has been charged by the Assam Police under various sections of the Bharatiya Nyaya Sanhita (BNS), including defamation, forgery, and criminal conspiracy, following his claims that Riniki Bhuyan Sarma had multiple foreign passports, undisclosed luxurious properties in Dubai, and shell companies in the United States.