The Supreme Court has granted anticipatory bail to Congress leader Pawan Khera in a case linked to allegations against Assam Chief Minister Himanta Biswa Sarma’s wife, observing that the dispute appears to have arisen out of political rivalry and that the veracity of the claims must be tested during trial.

A bench of Justices JK Maheshwari and AS Chandurkar, in an order uploaded on Friday, allowed Khera’s pre-arrest bail plea subject to conditions. The court had reserved its verdict on Thursday.

Khera had alleged that Sarma’s wife possessed multiple passports and undisclosed foreign assets.

“The right to personal liberty is a cherished fundamental right, and any deprivation thereof must be justified on a higher threshold, particularly where the surrounding circumstances may indicate the presence of political overtones,” the court said.

The bench directed that “The appellant (Khera) is directed to be released on anticipatory bail in the event of his arrest in the crime branch police station and on such reasonable terms and conditions which may be put by the Investigating Officer as deemed fit.”

It also stressed the need to balance investigation with liberty, noting that courts must ensure “a careful balance must be struck between the State's interest in ensuring a fair investigation and the individual's fundamental right to personal liberty under Article 21 of the Constitution.”

Khera has been directed to cooperate with the investigation, appear before police as and when required, and not influence or tamper with evidence. The court further ordered that he “not leave India without prior leave of the competent court.”

“In this context, 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. We are further of the opinion that the allegations and counter-allegations, as apparent in the present case, prima facie, appear to be politically motivated and seemingly influenced by such rivalry, rather than disclosing a situation warranting custodial interrogation, and the veracity of the allegations can be tested at trial,” the bench observed.

It further said, “At this stage, we are cognizant of the fact that personal liberty of an individual enshrined under Article 21 of the Constitution of India cannot be put to jeopardy lightly. But at the same time, we are also of the view that for any offences as alleged in the FIR, the investigation should be completed with integrity and in full swing with co-operation of the appellant.”

Allowing Khera’s appeal against the April 24 Gauhati High Court order, the top court said, “In our view, the observations as made by the high court in the order impugned is not based on correct appreciation of all the material which has been placed on record and appears to be erroneous, in particular shifting the burden on the accused.”

The bench also noted the timing of the incident, stating, “The incident as alleged in the FIR occurred on April 6, 2026 which is prior to the conclusion of the election campaign for assembly elections in Assam.”

It recorded that Khera held a press conference during which he displayed alleged passports, saying, “The appellant being the representative of a national political party organised a press conference making some allegations against the complainant, who is the wife of the chief minister of the State. While doing so, three passports were displayed by the appellant alleging that the complainant is having passports of three countries, out of which, two are of Muslim countries. However, the complainant's husband's politics is based on hatred against the Muslim community in the State,” the bench had noted.

The court also recorded the prosecution’s view that the documents were fake and said they were used to defame the complainant.

It observed, “However, it primarily appears that merely to gain some political momentum in favour of his party, this statement has been made by the appellant. Albeit, we cannot lose sight of the fact that the chief minister of the state, who is also husband of the complainant, has made certain unparliamentary remarks against the appellant in various press statements which have been filed before this court vide annexure…”

Following the allegations, Assam Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan Sharma filed criminal cases against Khera and others at the Guwahati Crime Branch police station under various sections of the Bharatiya Nyaya Sanhita (BNS).

Khera had earlier received a seven-day transit anticipatory bail from the Telangana High Court, but Assam Police approached the Supreme Court, which initially stayed it and directed him to approach the Gauhati High Court.