The court set aside the earlier order of the Gauhati High Court, which had denied relief citing Khera as a “flight risk” and pointing to serious charges including cheating and forgery.
BY PC Bureau
New Delhi, May 1, 2026 — The Supreme Court of India has granted anticipatory bail to Congress leader Pawan Khera in connection with a case over allegedly defamatory remarks about Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma.
A bench comprising Justices J.K. Maheshwari and A.S. Chandurkar ruled that Khera need not be taken into custody at this stage, observing that the allegations and counter-allegations appeared, prima facie, to carry “political overtones.” The court emphasized that arrest should not be used routinely, especially when personal liberty is at stake and custodial interrogation is not clearly warranted.
Bail Conditions
While granting relief, the court directed Khera to fully cooperate with the investigation and appear before authorities whenever summoned. He has also been barred from leaving the country without prior court approval and instructed not to influence witnesses or tamper with evidence. The trial court has been given the liberty to impose additional conditions if required.
In its order, the apex court underscored that the right to personal liberty is a fundamental constitutional guarantee and any restriction on it must meet a high threshold. It also noted the need to balance the state’s interest in a fair investigation with the protection of individual rights, particularly in politically sensitive cases.
READ: Manipur: NIA Arrests Key Conspirator in 2023 Killing of SDPO
High Court Order Set Aside
The top court set aside an earlier order of the Gauhati High Court, which had denied anticipatory bail to Khera. The High Court had termed him a “flight risk” and pointed to serious charges, including cheating and forgery, while also noting that the alleged remarks targeted a private individual rather than a political figure.
Courtroom Arguments
During the hearing, senior advocate Abhishek Manu Singhvi, representing Khera, argued that the case was unprecedented and largely centered on allegations of defamation, which typically do not justify arrest. He questioned the necessity of custodial interrogation, stating that the investigation could proceed without depriving his client of liberty.
On the other hand, Solicitor General Tushar Mehta contended that custodial interrogation was essential to determine the origin and authenticity of documents and images cited by Khera. He also raised concerns about possible external interference, referencing the timing of the controversy around the recent Assam Assembly elections.
Background of the Case
The मामला stems from an April 4 press conference in which Khera made allegations regarding Riniki Bhuyan Sarma’s citizenship status and financial dealings, including claims of foreign assets. The Sarma family has категорically denied the accusations, describing the documents circulated as fabricated and possibly generated using AI tools.
Following the remarks, a complaint was filed with Guwahati Police, leading to multiple legal proceedings. This marks the second time in recent weeks that Khera approached the Supreme Court for relief, after previously securing protection from arrest through transit bail.
The court also took note of the broader political climate, including statements made by Chief Minister Himanta Biswa Sarma during the election period. While refraining from detailed comment, the bench indicated that such surrounding circumstances cannot be ignored when assessing the necessity of arrest.
The verdict comes just days before the Assam Assembly election results are scheduled to be announced on May 4, adding a layer of political significance to the legal battle.
The case will now proceed before the trial court, with the investigation continuing under judicial oversight.
