The Supreme Court on Friday granted anticipatory bail to Congress leader Pawan Khera in a criminal case registered by the Assam Police alleging offences of defamation, forgery, and criminal conspiracy.
The Bench of Justice JK Maheshwari and Justice AS Chandurkar set aside the order of the Gauhati High Court, which had earlier rejected Khera’s plea for anticipatory bail, observing that the facts of the case indicated a political backdrop and did not justify custodial interrogation at this stage. The allegations and counter-allegations appeared to be prima facie influenced by political rivalry rather than disclosing circumstances requiring arrest or custodial questioning, it noted.
Assam Police had registered an FIR against Khera based on a complaint filed by Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma, over allegations of possessing multiple foreign passports and undisclosed overseas assets. The state police had attempted to serve notice at Khera’s Delhi residence on April 7, but he was not present there. The Congress leader subsequently approached the Telangana High Court, which granted him limited transit anticipatory bail to enable him to seek relief before the competent court in Assam.
The interim protection was later curtailed following proceedings before the Supreme Court, which directed Khera to approach the Gauhati High Court. His application was rejected by the High Court on April 24, which held that custodial interrogation was necessary to trace the origin of documents relied upon by him and to identify other persons involved.
Challenging this order, Khera moved the Supreme Court. Senior Advocate Abhishek Manu Singhvi, appearing for Khera, argued that the case was based on documentary material already in possession of the investigating agency and did not warrant custodial interrogation. He further submitted that the statements were made in a political context.
Opposing the plea, Solicitor General Tushar Mehta, appearing for the State of Assam, contended that the documents shown by Khera during a press conference on April 5, 2026, were allegedly forged and that custodial interrogation was necessary to trace their source and uncover the wider conspiracy.
After examining the record, the Supreme Court noted that the dispute arose during an election period and involved public exchanges between political figures. It also took note of statements made by Chief Minister Himanta Sarma in response, indicating a broader political context. Emphasising the constitutional guarantee of personal liberty under Article 21, the Court held that arrest and deprivation of liberty must meet a higher threshold, especially where allegations appear to have political overtones.
Accordingly, the Bench allowed the appeal and granted anticipatory bail to Khera in the event of arrest, subject to standard conditions such as cooperation with the investigation, non-tampering with evidence, and restriction on leaving India without prior permission of the competent court. The top court of the country clarified that its observations were limited to the grant of anticipatory bail and would not affect the merits of the ongoing criminal proceedings, which are to be adjudicated independently in accordance with law.
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