Supreme Court Grants Bail to Pawan Khera, Flags Errors in Gauhati HC Order

The Supreme Court of India has granted anticipatory bail to Congress leader Pawan Khera in a politically sensitive case linked to his allegations against Assam Chief Minister Himanta Biswa Sarma and his wife Riniki Bhuyan Sharma, who was accused of holding multiple passports and undisclosed foreign assets . A bench of Justices JK Maheshwari and AS Chandurkar granted pre-arrest bail in connection with Crime Branch P.S. Case No. 04/2026 , noting that the earlier denial of relief was based on an incorrect appreciation of evidence . The court directed that Khera be released in the event of arrest, subject to conditions imposed by the investigating officer, while also emphasising the protection of personal liberty under Article 21 .

The case originated after Khera’s public remarks led to a complaint and FIR under the Bharatiya Nyaya Sanhita (BNS) , including charges of forgery , defamation , and cheating , with authorities alleging use of misleading documents. The matter saw multiple legal turns, beginning with interim relief from the Telangana High Court in the form of transit anticipatory bail , which was later stayed by the Supreme Court as it directed Khera to approach the appropriate forum, cautioning against forum shopping . Subsequently, the Gauhati High Court rejected his plea, observing that the case was not merely defamatory and that custodial interrogation might be necessary.

However, the Supreme Court, while granting relief, made significant observations, stating that the Gauhati High Court’s order appeared erroneous and had shifted the burden of proof onto the accused , which is legally untenable. It further questioned the application of Section 339 of the BNS , noting that there were no clear allegations supporting such invocation. The court also indicated that custodial interrogation may not be necessary at this stage and stressed the need for procedural fairness in handling politically sensitive matters.

The relief was granted with conditions requiring Khera to cooperate with the investigation , appear before authorities when required, refrain from influencing witnesses or tampering with evidence, and not leave the country without court permission. The ruling underscores the judiciary’s emphasis on balancing investigative needs with individual rights , particularly in cases involving political allegations, while ensuring that criminal law is not applied disproportionately.