Supreme Court Grants Anticipatory Bail To Pawan Khera.

New Delhi; MAY 2026: The Supreme Court of India has granted anticipatory bail to Congress leader Pawan Khera in connection with an FIR filed by Assam Police based on a complaint by Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma, over allegations that she held multiple passports.

A bench of Justices JK Maheshwari and AS Chandurkar had reserved its verdict a day earlier on Khera’s plea challenging the Gauhati High Court order denying him anticipatory bail. In its judgment, delivered today morning, the Apex Court has held that the High Court’s observations “is not based on correct appreciation of all the material which has been placed on record and appears to be erroneous, in particular shifting the burden on the accused”.

The court has further noted that the allegations and counter-allegations in the 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”.

Emphasising the importance of individual rights, the bench observed, “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”.

The Supreme Court also found fault with the High Court’s reference to Section 339 of the Bharatiya Nyaya Sanhita (BNS), noting that the FIR did not contain any such allegation. It said the High Court could not have made such observations merely based on the statement of the Advocate General.

Granting relief, the court directed that Khera be released on anticipatory bail in the event of his arrest. He has been asked to cooperate with the investigation, appear before the investigating officer as required, and not leave India without prior court permission. Standard conditions, including not tampering with evidence, have also been imposed. The judgment also recorded that allegations and counter-allegations had been exchanged between Khera and the Chief Minister. It further noted that the Chief Minister had made certain “unparliamentary remarks” against Khera, including threats of arrest.

Highlighting the need for balance, the court observed that “at this stage, we are cognizant of the fact that personal liberty of an individual enshrined under Article 21 of the Constitution of India 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 co-operation of the Appellant”.

Reiterating further the bench of the Apex Court has noted: “Having regard to the aforesaid considerations, we are of the opinion that while adjudicating an application for anticipatory bail, a careful balance must be struck between the State’s interest in ensuring a fair investigation and the individual’s fundamental right to personal liberty under Article 21 of the Constitution of India”.

Team Maverick.