Kumar Bahukhandi
Supreme Court has granted anticipatory bail to Congress leader Pawan Khera on May 1, 2026.
SC says the cherished fundamental right of personal liberty cannot be jeopardised lightly, especially in the name of political rivalry
New Delhi : The Supreme Court has granted Congress leader Pawan Khera anticipatory bail in a criminal case instituted on a complaint filed by Assam Chief Minister Himanta Biswa’s wife, saying the case appears to be motivated by political rivalry and does not warrant custodial interrogation.
A Bench headed by Justice J.K. Maheshwari cautioned the State of Assam against using the power to arrest so casually, as if to strike a blow at a political rival. The 22-page order said the right to personal liberty cannot be jeopardised lightly.
The order was published on May 1, 2026 merely a day after the court reserved the case for a decision.
“Criminal process must be applied with objectivity and circumspection so as to ensure that individual liberty is not imperiled by proceedings that may be coloured by political rivalry. We are further of the opinion 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 Supreme Court Bench, also comprising Justice Atul S. Chandurkar, observed in the order.
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The court said shackling a cherished fundamental right like personal liberty should be justified at a higher threshold than what seemed to be political rivalry.
Pawan Khera had held press conferences in Gauhati on April 5, in the thick of an acrimonious Assembly election campaign in Assam. He had accused Sarma’s wife, Riniki Bhuyan Sharma, of holding three passports of Egypt, United Arab Emirates and Antigua and Barbuda.
He had stated that two of these nations were “Muslim countries, however, the husband’s politics is based on hatred against the Muslim community in the State”.
He had also exhibited documents stating that she had a company registered at Wyoming in the USA with an investment of more than ₹50,000 crores besides owning assets in Dubai. Khera had stated that Sarma’s election affidavit had not disclosed any of these details of wealth.
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The FIR was registered on the same intervening night by the Assam Policeafter Ms. Sharma denied the veracity of these documents and stated that they were fabricated using forged seals and QR codes. Mr. Khera was booked for conspiracy, forgery and criminal defamation.
The Congress leader, through senior advocate A.M. Singhvi, said the FIR was driven by an ulterior political motive and was intended to humiliate him with his arrest.
The Bench noted that the documents exhibited by Mr. Khera was already in the custody of the prosecution, and preliminary investigation had already commenced in the case.
The court said prima facie it seemed Mr. Khera’s statements were designed to gain “some political momentum in favour of his party”.
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On the other hand, the court highlighted that it could not “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 (Khera) in various press statements which have been filed before this court”.
The court said 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.
The Bench ordered that Mr. Khera would be released on anticipatory bail in the event of his arrest. He would co-operate in the investigation and appear before the police station as and when required and intimated. The court prohibited Mr. Khera from travelling abroad without the prior permission of the competent court. He should neither influence nor tamper with any of the evidence during pendency of the investigation or trial.
