Supreme Court Grants Anticipatory Bail To Pawan Khera In Assam FIR Case
Supreme Court grants anticipatory bail to Congress leader Pawan Khera in Assam passport allegations case
The Supreme Court has granted anticipatory bail to Congress leader Pawan Khera in a case arising out of allegations that he displayed forged documents during press conferences targeting the wife of Himanta Biswa Sarma.
The bench of Justices J.K. Maheshwari and Atul S. Chandurkar allowed Khera’s appeal against the Gauhati High Court order dated April 24, 2026, which had denied him anticipatory bail. The top court held that the High Court had erred in its appreciation of material and appeared to have shifted the burden onto the accused.
The Guwahati Police had registered the FIR invoking multiple provisions of the Bharatiya Nyaya Sanhita, including Sections 175, 35, 36, 318, 337, 338, 340, 352 and 356 (corresponding to the Indian Penal Code Sections 171G, 97, 98, 415, 466, 467, 471, 504 and 499, respectively) which broadly deal with allegations of false statements linked to elections, cheating, different forms of forgery and use of forged documents, intentional insult, and defamation.
The complaint was filed following two press conferences held by Khera on April 5, 2026, where he displayed documents purportedly showing that the complainant held multiple foreign passports and undisclosed overseas assets. The complainant denied the allegations, asserting that the documents were fabricated using forged seals and QR codes. The prosecution maintained that custodial interrogation was necessary to trace the origin of the allegedly forged documents and identify others involved.
Senior Advocate Abhishek Manu Singhvi, appearing for Khera, argued that the case was based on documentary material already in possession of the authorities and did not warrant custodial interrogation. He contended that most of the invoked offences were bailable and that Khera had merely exhibited documents received from third parties during a political press briefing, without any criminal intent.
Opposing the plea, Solicitor General Tushar Mehta argued that the allegations were serious, particularly given the timing of the statements during the Assam Assembly elections. He submitted that the documents had been found to be forged during preliminary investigation and that custodial interrogation was essential to uncover the source and larger conspiracy.
The Supreme Court, however, took note of the broader context, including the exchange of statements between Khera and the Chief Minister. It observed that “allegations and counter-allegations” indicated a politically charged environment and that the matter appeared, prima facie, to be influenced by political rivalry.
Emphasising the constitutional importance of personal liberty under Article 21, the Court reiterated the principles laid down in Gurbaksh Singh Sibbia v. State of Punjab, noting that anticipatory bail must be assessed by balancing the need for a fair investigation with the individual’s right to freedom. “The criminal process must be applied with objectivity and circumspection so as to ensure that individual liberty is not imperiled by proceedings that may be coloured by political rivalry,” the Court observed. It further held that the High Court’s reliance on an offence not invoked in the FIR, and its reasoning regarding the nature of allegations, was legally unsustainable.
Allowing the appeal, the Court directed that Khera be released on anticipatory bail in the event of arrest, subject to conditions. These include cooperation with the investigation, appearance before the police as required, non-interference with evidence, and restriction on travel abroad without prior court permission.
The Court clarified that its observations were limited to the consideration of anticipatory bail and would not influence the merits of the trial.
Notably, on April 24, the Gauhati High Court rejected Khera’s anticipatory bail plea, observing that the allegations went beyond political rhetoric. The Court noted that while criticism directed at a public figure could fall within political discourse, Khera had “dragged an innocent lady” into the controversy.
The litigation has seen multiple rounds across courts. Earlier, Khera had approached the Telangana High Court, which on April 10 granted him one week’s transit anticipatory bail to enable him to seek relief before a competent court in Assam.
However, the Assam government challenged this relief before the Supreme Court, which on April 15 stayed the Telangana High Court’s order. Subsequently, on April 17, the apex court declined to extend the transit protection and directed Khera to approach the jurisdictional court in Assam for anticipatory bail.
Following this, Khera moved the Gauhati High Court, which ultimately rejected his application.
It is to be noted that the anticipatory bail granted to the Congress leader for a period of one week in connection with an FIR registered in Assam over his allegations regarding multiple passports and foreign assets linked to the wife of Assam Chief Minister Himanta Biswa Sarma was recently challenged before the Supreme Court.
Case Title: Pawan Khera v. State of Assam
Bench: Justices J.K. Maheshwari and Atul S. Chandurkar
Order Date: April 30, 2026