The Supreme Court of India has granted anticipatory bail to Pawan Khera on May 1 in connection with an FIR registered by Assam Police over allegations concerning multiple passports purportedly held by Riniki Bhuyan Sarma, wife of Himanta Biswa Sarma.

A bench comprising Justices JK Maheshwari and AS Chandurkar delivered the order after reserving judgment on Khera’s plea challenging the dismissal of his anticipatory bail application by the Gauhati High Court.

In its judgment, the apex court observed that the High Court’s findings were “not based on correct appreciation of all the material placed on record” and termed some observations “erroneous,” particularly regarding shifting the burden onto the accused.

The Supreme Court also noted that the High Court had made observations relating to Section 339 of the Bharatiya Nyaya Sanhita despite the FIR containing no such allegations.

Granting relief, the court directed that Khera be released on anticipatory bail in the event of arrest. He has been instructed to cooperate with the investigation, appear before the investigating officer whenever required, and not leave India without prior permission of the court.

The judgment also recorded that allegations and counter-allegations had been exchanged between Khera and the Assam Chief Minister. The court further noted that certain “unparliamentary remarks” were allegedly made against Khera threatening his arrest.

Emphasising protection of personal liberty under Article 21 of the Constitution, the court stated that while the investigation should proceed fairly and effectively, an individual’s liberty “cannot be put to jeopardy lightly.”