Supreme Court flags “political rivalry” angle in case against Pawan Khera
The Supreme Court has pointed out a potential political rivalry angle in the case against Pawan Khera. It emphasised the need to protect the judicial process from political misuse.
- May 01, 2026,
- Updated May 01, 2026, 1:17 PM IST
Supreme Court of India on May 1 criticised the observations made by the Gauhati High Court while granting anticipatory bail to Congress leader Pawan Khera in a case linked to remarks against Riniki Bhuyan Sarma.
A bench of Justice JK Maheshwari and Justice Atul S Chandurkar observed that the Gauhati High Court’s findings appeared “erroneous” and were not based on a proper appreciation of the material placed before it.
The apex court further noted that the allegations and counter-allegations in the matter appeared to be “prima facie politically motivated” and influenced by political rivalry, rather than disclosing circumstances requiring custodial interrogation.
While allowing the appeal filed by Pawan Khera, the court directed that he be granted anticipatory bail in the event of arrest, subject to conditions imposed by the investigating officer.
The Supreme Court also held that the High Court had wrongly shifted the burden onto the accused and made unnecessary observations regarding provisions of the Bharatiya Nyaya Sanhita that were not part of the FIR.
The case stems from allegations made by Khera against Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma. Assam Police had registered an FIR against the Congress leader, following which the Gauhati High Court denied him anticipatory bail on April 24.
The Supreme Court directed Khera to cooperate with the investigation, refrain from influencing witnesses or tampering with evidence, and not leave India without prior permission from the competent court.
The bench clarified that its observations were limited to the consideration of the bail plea and would not affect the merits of the ongoing investigation or future trial proceedings.