Supreme Court grants anticipatory bail to Pawan Khera in Assam case

New Delhi: The Supreme Court has granted anticipatory bail to Congress leader Pawan Khera in a case registered against him for making allegations that Assam Chief Minister Himanta Biswa Sarma's wife possessed multiple passports and undisclosed properties abroad.

A bench of Justices J K Maheshwari and Atul S Chandurkar said the criminal process must be applied with objectivity and circumspection to ensure that individual liberty is not imperilled by proceedings that may be coloured by political rivalry.

In its April 30 order, released on Friday, the bench said, “We think that the allegations and counter-allegations, as apparent in the present case, prima facie, appear to be politically motivated and seemingly influenced by such rivalry, rather than disclosing a situation warranting custodial interrogation, and the veracity of the allegations can be tested at trial.”

The court emphasised that the right to personal liberty is a cherished fundamental right, and any deprivation thereof must be justified on a higher threshold, particularly where the surrounding circumstances may indicate the presence of political overtones.

Dealing with his appeal against refusal of relief by the Gauhati HC on April 24, the bench said its observations were not based on a correct appreciation of all the material placed on record and appeared erroneous, particularly in shifting the burden onto the accused.

In addition, without alleging any offence under Section 339 of BNS and merely based on a statement made by the Advocate General, observations regarding Section 339 of BNS do not appear correct, the court pointed out.

Allowing the appeal, the court directed Khera to co-operate in the investigation and to appear before the police station as and when required and intimated.

In its order, the bench ordered the appellant not to influence or tamper with any evidence during the pendency of the investigation or trial.

The court directed him not to leave India without prior leave of the competent court.

The bench also clarified the competent court would not be influenced by the observations and would proceed in the matter in accordance with law.

The bench said it is cognizant of the fact that the personal liberty of an individual enshrined under Article 21 of the Constitution cannot be put to jeopardy lightly.

“But at the same time, we are also of the view that for any offences as alleged in the FIR, the investigation should be completed with integrity and in full swing with the co-operation of the appellant,” the court said.

The bench further noted that it is the case of the prosecution that, upon investigation, it has been found that the passports purported to belong to the complainant are fake and were displayed by the appellant to defame the wife of the Chief Minister, intentionally causing harm to their reputation, and for this purpose, the press conference was organised.

At the same time, the bench said, it is true that the documents which have been exhibited by the appellant are in the custody of the prosecution, and they have conducted some preliminary investigation thereon.

“However, it primarily appears that merely to gain some political momentum in favour of his party, this statement has been made by the appellant. Albeit, we cannot lose sight of the fact that the Chief Minister of the State, who is also husband of the complainant, has made certain unparliamentary remarks against the appellant in various press statements which have been filed before this court,” the bench said.

Khera had on April 5, 2026 claimed that Riniki Bhuyan Sharma, the wife of the present Chief Minister of Assam held passports of Egypt; United Arab Emirates; and Antigua and Barbuda. He also alleged she has a company registered at Wyoming, USA with an investment of more than Rs 50,000 crores. She also owned and possessed certain assets and properties in Dubai.

She lodged an FIR on April 06, 2026 with the Crime Branch Police Station, Guwahati under Sections 175, 3(5), 3(6), 318, 336(4), 337, 338, 340, 341(1), 351(1), 352, 353, 356, and 61(2) of Bharatiya Nyaya Sanhita, 2023.

Khera initially approached the Telangana High Court, which granted him a seven-day transit anticipatory bail. The apex court, however, stayed this order on a plea by the Assam Police. The court then asked Khera to approach the Gauhati High Court.