Judicial Cover for Pawan Khera as Supreme Court Grants Anticipatory Bail in Assam Police FIR
(By Syed Ali Taher Abedi)
1, May,2026 – In a significant reaffirmation of the primacy of personal liberty, the Supreme Court of India on April 30 granted anticipatory bail to Congress leader Pawan Khera in connection with a criminal case registered by the Assam Police alleging offences of defamation and forgery.
The proceedings emanate from a complaint lodged by Rinky Bhuyan Sharma, spouse of Assam Chief Minister Himanta Biswa Sarma, wherein allegations were levelled against Khera over statements purportedly attributing the possession of multiple passports to the complainant.
A Division Bench comprising Justice J.K. Maheshwari and Justice A.S. Chandurkar, which had reserved its verdict a day prior, pronounced its judgment allowing Khera’s appeal against the order of the Gauhati High Court that had declined him pre-arrest protection.
“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.”
In its considered ruling, the Apex Court underscored that the factual matrix, when holistically appreciated, bore indicia of political contestation, thereby necessitating judicial circumspection to safeguard the petitioner’s liberty.
“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” the Court Stated
The Bench observed that the High Court’s analysis suffered from a manifest misappreciation of the material placed on record and, in certain respects, transgressed settled principles governing criminal jurisprudence.
Of particular note, the Court found fault with the High Court for impermissibly shifting the burden onto the accused at the anticipatory bail stage, a course inconsistent with established legal standards.
“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,” the Court noted
The Bench further held that the High Court erred in adverting to an offence under Section 339 of the Bharatiya Nyaya Sanhita (BNSS), despite the absence of any such allegation in the First Information Report, terming such observations as unwarranted and unsustainable especially when predicated solely on submissions advanced by the Advocate General.
Allowing the plea, the Supreme Court directed that Pawan Khera be released on anticipatory bail in the event of his arrest in the said case.
The relief, however, was made subject to customary conditions Khera shall cooperate with the ongoing investigation, present himself before the Investigating Officer as and when required, refrain from leaving the country without prior permission of the Court, and abstain from any act that may amount to tampering with evidence or influencing witnesses.
The ruling is being viewed as a notable intervention delineating the contours of judicial scrutiny in anticipatory bail matters, particularly in cases perceived to be interlaced with political overtones.
Senior Advocate Dr. Abhishek Manu Singhvi appeared for Khera
Solicitor General of India Tushar Mehta appeared for the State
