GUWAHATI, May 1: The Supreme Court of India on May 1 granted anticipatory bail to Pawan Khera in connection with an FIR registered by Assam Police over allegations related to multiple passports purportedly held by Riniki Bhuyan Sarma.
A bench comprising Justices JK Maheshwari and AS Chandurkar delivered the order after previously reserving its judgment on Khera’s plea challenging the rejection of his anticipatory bail application by the Gauhati High Court.
In its ruling, the apex court observed that the High Court’s conclusions were not based on a proper appreciation of the material on record and described certain findings as erroneous. It specifically noted that the High Court had incorrectly shifted the burden onto the accused. The bench also pointed out that references to Section 339 of the Bharatiya Nyaya Sanhita were misplaced, as no such allegation was included in the FIR.
Granting relief, the court directed that Khera be released on anticipatory bail in the event of arrest. It instructed him to cooperate fully with the investigation, appear before the investigating officer whenever required, and refrain from leaving the country without prior permission of the court.
The judgment further recorded that allegations and counter-allegations had been exchanged between Khera and Assam Chief Minister Himanta Biswa Sarma. It also took note of alleged unparliamentary remarks made in the course of the dispute, including statements threatening Khera with arrest.
Emphasising the protection of personal liberty under Article 21 of the Constitution, the court stated that while investigations must proceed in a fair and effective manner, an individual’s liberty cannot be placed at risk without sufficient grounds.
