Supreme Court Notes Political Influences in Pawan Khera Case

The Supreme Court of India has stated that remarks made by Assam Chief Minister Himanta Biswa Sarma against Congress leader Pawan Khera during recent Assembly elections were influenced by political factors. In a decision on anticipatory bail for Khera in a case involving defamation and forgery, the court highlighted the political animosity characterising the legal proceedings.

A bench composed of Justice J.K. Maheshwari and Justice Atul S. Chandurkar determined that the defamation case initiated by the wife of Sarma, Riniki Bhuyan Sarma, stemmed from a series of accusations and counter-accusations between Khera and the Chief Minister. The court noted that the current circumstances did not justify custodial interrogation.

The case surfaced following Khera's claims that Riniki Bhuyan Sarma possesses multiple foreign passports, which Khera asserted were made for political advancement. The court remarked that the comments made by Sarma against Khera were not merely retaliatory but also contained a political element. Khera's legal team underscored this point, raising concerns about Khera's potential arrest based on Sarma's statements.

During court proceedings, Senior Advocate Abhishek Manu Singhvi argued that Sarma's remarks indicated an intent to humiliate Khera. Singhvi referenced various public comments made by Sarma, including threats that Khera would face severe consequences should the ruling party stay in power. Among these remarks, Sarma had claimed on April 7, 2026, that he would turn Khera into ‘Pawan Peda’ and suggested that Khera would not be able to evade the law.

Additionally, Sarma had stated, “If the BJP forms the government, then Pawan Khera will spend the very last days of his life in an Assam jail.” The court noted that the Solicitor General Tushar Mehta did not dispute the truthfulness of these remarks, further affirming the case's political basis.

Emphasising the need to uphold personal liberty, the Supreme Court granted anticipatory bail to Khera while expecting his cooperation in the ongoing investigation. The court expressed confidence that the merits of Khera's allegations would be examined thoroughly during trial. This case serves as a notable illustration of how political rivalries can influence legal proceedings in India.

Case No.: SLP(Crl) No. 7786/2026 Case Title: Pawan Khera v. State of Assam Citation: 2026 LiveLaw (SC) 443