The Gauhati High Court has granted interim anticipatory bail to senior Congress leader Pawan Khera in connection with a First Information Report (FIR) registered against him in Assam. The case stems from controversial remarks allegedly made by Khera regarding the passport and citizenship status of the wife of Assam Chief Minister Himanta Biswa Sarma. Justice Mridul Kumar Kalita, presiding over a single-judge bench, passed the order after hearing arguments from both the petitioner and the State.
The legal trouble began after Khera addressed a press conference where he purportedly questioned the validity of documents related to the Chief Minister's spouse. Following these statements, an FIR was lodged at a local police station in Assam, invoking multiple sections of the Bharatiya Nyaya Sanhita (BNS). The charges include allegations of promoting enmity between different groups, criminal conspiracy, and making statements prejudicial to national integration.
During the hearing, Khera’s counsel argued that the FIR was a case of political vendetta and that the statements made were within the realm of democratic criticism. They further contended that the sections invoked were disproportionate to the alleged offense and that there was no immediate necessity for custodial interrogation. The defense highlighted that the petitioner has consistently joined investigations in previous cases and posed no flight risk.
The State’s counsel opposed the bail plea, asserting that the remarks were not merely political but were calculated to cause public mischief and defame a private citizen through fabricated claims. The prosecution argued that such statements could lead to social unrest and that a thorough investigation was required to determine the source of the alleged misinformation shared by the Congress leader.
After considering the submissions, the High Court observed that the primary purpose of the investigation could be served without the immediate arrest of the petitioner. The court directed that in the event of an arrest, Khera should be released on a personal bond of ₹50,000 with two sureties of like amount. The bail is subject to the condition that Khera cooperates fully with the investigating agency and does not leave the country without prior permission.
This is not the first time Khera has faced legal action in Assam. In 2023, he was famously deplaned at the Delhi airport and arrested by Assam Police over remarks concerning the Prime Minister's name, a matter that eventually reached the Supreme Court. The current case adds to a series of high-profile legal battles between the Congress spokesperson and the state administration, reflecting the increasingly litigious nature of political discourse in the region.
The court has granted the State two weeks to file a detailed counter-affidavit. Until the next date of hearing, the interim protection will remain in force. The bench also cautioned the petitioner against making any further public statements regarding the specific facts of this case while the investigation is ongoing, aiming to prevent any potential interference with the legal process.
Legal experts suggest that this order aligns with the judicial trend of protecting personal liberty when custodial interrogation is not strictly essential for the collection of evidence. The case is now set for further deliberation in May 2026, where the court will examine the merits of the FIR and decide on the permanence of the anticipatory bail.