In a significant order balancing personal liberty and criminal investigation, the Supreme Court granted anticipatory bail to Congress leader Pawan Khera in a case arising from controversial statements made during press conferences ahead of Assam elections.
Background of the Case
The case stems from an FIR registered by the Assam Police in April 2026, alleging that Pawan Khera displayed documents during press briefings in Delhi and Guwahati. These documents purportedly claimed that the wife of the Assam Chief Minister held multiple foreign passports and undisclosed foreign assets.
The complainant denied these allegations, asserting that the documents were forged and fabricated. Following this, multiple charges under the Bharatiya Nyaya Sanhita, 2023 (BNS) were invoked.
Khera’s anticipatory bail plea was earlier rejected by the Gauhati High Court, prompting him to approach the Supreme Court.
Hearing both sides, the Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar examined the nature of allegations and the surrounding circumstances.
The Court noted that the dispute appeared to arise in a politically charged environment, particularly during an ongoing election period in Assam. It also took into account the exchange of statements between Khera and the Chief Minister, observing that both sides had made sharp remarks.
“The allegations and counter-allegations… prima facie appear to be politically motivated and seemingly influenced by such rivalry,” the bench observed.
Importantly, the Court emphasized that custodial interrogation was not necessary at this stage, especially when much of the case relied on documentary evidence already in possession of the authorities.
Referring to settled principles on anticipatory bail, the Court reiterated that personal liberty under Article 21 must not be curtailed lightly.
“The criminal process must be applied with objectivity… so that individual liberty is not imperiled by proceedings that may be coloured by political rivalry,” it said.
The Court relied on established precedent, including the Constitution Bench ruling in Gurbaksh Singh Sibbia v. State of Punjab, to underline that anticipatory bail depends on multiple factors-such as seriousness of charges, likelihood of misuse of liberty, and need for custodial interrogation.
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It found that the High Court had not properly appreciated the full context and had erred in its reasoning, including referring to provisions not mentioned in the FIR.
Allowing the appeal, the Supreme Court directed that Pawan Khera be released on anticipatory bail in the event of arrest, subject to conditions.
The Court ordered that:
- He must cooperate with the investigation and appear when required.
- He shall not tamper with evidence or influence witnesses.
- He cannot leave India without prior court permission.
The bench clarified that its observations were limited to the bail decision and would not affect the merits of the trial.
Case Details
Case Title: Pawan Khera v. State of Assam
Case Number: Criminal Appeal (arising out of SLP (Crl.) No. 7786 of 2026)
Judges: Justice J.K. Maheshwari, Justice Atul S. Chandurkar
Decision Date: April 30, 2026
