The Assam government has asked to the Supreme Court to contest a recent decision from the Telangana High Court, which granted an interim of one week “transit anticipatory bail” to the senior Congress chief Pawan Khera.
The legal dispute arises out of an FIR that was registered in Guwahati due to Pawan Khera, allegations about Riniki Bhuyan the spouse of Assam Chief Minister Himanta Biswa Sarma. The allegations concern numerous foreign passports as well as unidentified overseas assets.
Key Details of the Legal Dispute
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The Root: An FIR was initiated through Guwahati Crime Branch. Guwahati Crime Branch based on a complaint filed by Riniki Bhuyan.
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The allegations: During a press conference, Pawan Khera claimed that the CM’s wife had multiple passports as well as foreign assets that have not been revealed.
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The High Court Ruling: On Friday, Justice K Sujana of the Telangana High Court granted Khera a week of security from arrest. This was to give him to present himself before an appropriate court for regular bail in anticipation, citing the fact that his family and residence reside in Hyderabad.
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A Appeals: The Assam government is currently contesting this relief and is seeking to rescind the stay on coercive measures.
Charges and Legal Arguments
Guwahati Police have invoked several provisions of the Guwahati Police have invoked several laws from the Bharatiya Nyaya Sanhita (BNS). The charges cover a broad array of alleged violations:
| BNS Section | Corresponding IPC Section | Nature of Offense |
| Sec. 175 | Sec. 171G | False statements in connection with elections |
| Sec. 318 | Sec. 415 | Cheating |
| Sec. 337, 338, 340 | Sec. 466, 467, 471 | Forgery and use of forged documents |
| Sec. 352, 356 | Sec. 504, 499 | Intentional insult and Defamation |
Arguments Before the Bench
The hearing was characterized by a heated discussion between both sides prosecution on the need for interrogation in custodial custody in addition to the nature of accusations.
For the Defense: Senior Advocate Abhishek Manu Singhvi
Singhvi claimed in court that proceedings brought against the Congress leader did not have a fundamental criminal basis, and argued that
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Political Motive: The FIR is the result of a political vendetta instead of a legitimate legal grievance. It fails to identify any alleged offense.
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Digital Evidence As the claims are based on statements made at an event The entire trail of evidence is digital and has already been placed available in the public domain and therefore, rendering the custodial interrogation unnecessary.
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Procedural Lapses He pointed out that Khera was not officially provided with copies the FIR until police action was taken.
For the Prosecution: Advocate General Devajit Saikia

State of Assam State of Assam countered that the nature of the allegations demanded a thorough investigation and claimed that:
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Deliberate Falsehoods: The statements were not just opinions, but were a deliberate attempt to disseminate lies and hurt reputations.
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Flight Risk The Attorney General classified Khera as an “established flight risk,” suggesting that the interim protection would hinder the progression in the course of investigation.
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Need for Custody The State asserted that a thorough investigation is required to determine the motivation and origins of the fake information.
Summary of Legal Positions
| Feature | Defense Position | Prosecution Position |
|---|---|---|
| Nature of FIR | Non-cognizable because of political motivation. | The deliberate spread of false information. |
| Interrogation | Not necessary Digital evidence. | Required to conduct an in-depth investigation. |
| Defendant Status | Cooperating citizen; procedural victim. | Affirmed Flight risk. |
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Context of the Police Action
The legal battle is the culmination of several proactive actions of authorities from Assam Police. Investigators have conducted a search at Pawan Khera, Delhi residence, and then Traveled to Hyderabad to collaborate with the local authorities to ensure his capture.
Pawan Khera is currently an active participant in the Congress Working Committee (CWC) and heads the party’s publicity and media wings. The Supreme Court’s forthcoming decision will decide if it is possible that the Assam Police can proceed with his arrest or whether the temporary protection is maintained.

