Supreme Court grants anticipatory bail to Pawan Khera in defamation case

The Supreme Court on Friday granted anticipatory bail to Congress leader Pawan Khera in a case involving allegations of forgery and defamation linked to purported false statements made against Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma.

The relief follows the apex court reserving its verdict a day earlier on Khera’s plea challenging the Gauhati High Court’s refusal to grant him pre-arrest bail. A bench of Justices JK Maheshwari and AS Chandurkar had heard detailed submissions from both sides before delivering its order.

Appearing for Khera, senior advocate Abhishek Manu Singhvi argued that the case did not warrant custodial arrest, stressing that his client was not a flight risk and that the charges invoked were largely bailable. He contended that arrest in a defamation matter would amount to unnecessary humiliation and maintained that liberty is a matter of right, not privilege. Singhvi also alleged that the prosecution’s approach reflected political overtones.


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Opposing the plea, Solicitor General Tushar Mehta, representing the Assam government, argued that the allegations were serious and involved the fabrication of official documents. He submitted that the investigation had indicated the use of allegedly forged materials, including passport-related details, and called for custodial interrogation to uncover the source and possible wider implications of the claims.

The case originates from an FIR filed by Riniki Bhuyan Sharma after Khera alleged at a press conference that she held multiple foreign passports and undisclosed overseas assets—claims the Assam government has termed false and fabricated.

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The matter has moved through multiple courts. Khera was initially granted transit anticipatory bail by the Telangana High Court, which was later stayed by the Supreme Court, directing him to seek relief from the appropriate court in Assam. After the Gauhati High Court denied him anticipatory bail, Khera approached the apex court, which has now granted him protection from arrest while the case proceeds.


(With inputs from agencies)