SC grants Pawan Khera bail, warns liberty can’t yield to political rivalry
The Supreme Court granted protection from arrest to Congress spokesperson Pawan Khera in a case linked to alleged forged documents and remarks about Riniki Bhuyan Sharma. It said personal liberty under Article 21 cannot be jeopardised by proceedings colored by political rivalry and laid out conditions for cooperation with investigators. The court noted the FIR did not mention Section 339 and emphasized that the allegations appeared politically motivated, pending trial.
Why It Matters
The ruling highlights judicial protection of individual liberty amid politically charged investigations in India and signals caution against allowing political rivalries to influence criminal proceedings.
Timeline
6 Events
FIR did not mention Section 339; observations on 339 not correct
The court noted that the FIR did not mention Section 339 and said the high court’s observations on that offence did not appear correct. It also remarked that the allegations appeared politically motivated and influenced by political rivalry, stressing that the investigation should proceed with integrity and cooperation.
SC grants anticipatory bail; order released
The Supreme Court granted protection from arrest to Pawan Khera in Crime Branch P.S. Case No. 04/2026, directing him to cooperate with the investigation, not leave the country without prior permission of the trial court, and not influence witnesses or tamper with evidence. The appellant was directed to be released on anticipatory bail in the event of his arrest, on such terms and conditions which may be put by the Investigating Officer as deemed fit.
SC reserves verdict after hearing
A bench of Justices JK Maheshwari and AS Chandurkar reserved its verdict on April 30, 2026 after hearing detailed submissions from senior advocate Abhishek Manu Singhvi for Khera and solicitor general Tushar Mehta for the Assam government.
Gauhati High Court denies pre-arrest bail
The Gauhati High Court refused pre-arrest bail to Khera on April 24, 2026, observing that custodial interrogation may be necessary under Section 339 of the Bharatiya Nyaya Sanhita after Assam Police alleged that documents relied upon by Khera were forged.
Assam polls held; press conference noted before polling
Polls were held in Assam on April 9, 2026. The article notes that Khera had held a press conference days before polling as part of the political developments surrounding the case.
Case registered by Assam Police
Assam Police registered the case against Pawan Khera on April 6, 2026 under various provisions of the Bharatiya Nyaya Sanhita in connection with his remarks about Riniki Bhuyan Sharma, the wife of Assam chief minister Himanta Biswa Sarma.