🔔 Stay Updated!

Get instant alerts on breaking news, top stories, and updates from News EiSamay.

Supreme Court grants anticipatory bail to Pawan Khera in case linked to remarks on Assam CM’s wife

Apex court says anticipatory bail requires balancing state interest and personal liberty. It adds that liberty cannot be curtailed without strong grounds.

By Sarwesh Sri Bardhan

May 01, 2026 17:21 IST

Comment, complaint, courtroom

The case stems from remarks made by Congress leader Pawan Khera about Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma.

Assam Police filed a formal report against Khera after she complained about his claim that she had several passports.

Khera petitioned the Gauhati High Court for redress, but his appeal was denied there, so he went to the Supreme Court.

The Supreme Court on May 1 granted anticipatory bail to Congress leader Pawan Khera in an Assam Police case linked to remarks about Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma.

The FIR was filed on her complaint over Khera’s allegation that she held multiple passports. The case had earlier been moved through the Gauhati High Court before reaching the apex court.

Also Read | Banks shut across states on May 1; RBI lists 12 holidays in May

SC not buying the ‘arrest now’ pitch, flags political overtones

A bench of Justice JK Maheshwari and Justice AS Chandurkar said the material before it did not justify custody at this stage.

In its order, the court said the allegations and counter-allegations “appear to be politically motivated” and that the veracity of the claims can be examined during trial. It also held that the High Court’s refusal to grant relief was not based on a correct appreciation of the record.

The bench stressed that personal liberty “cannot be put in jeopardy lightly” and said criminal process must be used with caution where political rivalry appears to have shaped the dispute.

It also noted that observations on an offense under Section 339 of the Bharatiya Nyaya Sanhita were made even though the FIR did not contain such allegations.

Also Read | Drug bust in South Delhi, two foreign nationals caught with cocaine and synthetic substances

Freedom with fine print

Granting relief, the court ordered that Khera be released on anticipatory bail in the event of arrest.

"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 offenses as alleged in the FIR, the investigation should be completed with integrity and in full swing with cooperation of the appellant," the court stated.

The judges directed him to cooperate with the investigation, appear before the investigating officer as and when required, not leave India without the court’s permission, and refrain from tampering with evidence.

Comment, complaint, courtroom

The case stems from remarks made by Congress leader Pawan Khera about Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma.

Assam Police filed a formal report against Khera after she complained about his claim that she had several passports.

Khera petitioned the Gauhati High Court for redress, but his appeal was denied there, so he went to the Supreme Court.

Articles you may like: