Supreme Court slams Odisha courts for ordering Dalit, Adivasi accused to clean police stations for bail

The Supreme Court on Monday took strong exception to courts in Odisha ordering certain accused persons, mostly Dalits and Adivasis, to clean police stations as conditions for bail.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi said that such orders are violative of human rights and strike at the dignity of individuals.

"We are deeply disappointed and disheartened and express our strong disapproval at the way Odisha judiciary has expressed regressive mindset which is ex facie violative of human rights which strike at the dignity of the accused," the Court said.

Such orders expose caste bias against marginalised communities, the Bench underscored.

"It has been rightly reported that it exposes bias of judiciary since accused belongs to marginalised community and thus justified to subject them to such burdensome requirement. It has been submitted that such conditions are not while granting bail to those who are well off. The nature of conditions is so cruel and abhorrent that it has the capacity to project Odisha judiciary as caste based. The most inalienable gift by the people through the constitution was casteless society through substantive equality. Judiciary is expected to protect such rights. In the 75 years of constitutional journey, judiciary has ensured that might of the state cannot undermine the rights of the people," the Court said.

Hence, it proceeded to hold such conditions imposed by Odisha courts as null and void and granted liberty to the accused persons to approach the High Court to delete such conditions.

"We declare such conditions and any other similar worded condition imposed by state judiciary as null and void. Let the petitioners approach Orissa High Court to forthwith delete such conditions and not substitute it with any other analogous condition. The accused shall remain on bail," the order said

The Court further said that courts should refrain from imposing such conditions which have caste colour and can cause social friction.

"We are of the considered opinion that any other State judiciary shall not use such conditions of caste colour which can generate social friction. Thus, let this order be made available to all judicial officers across the country not to impose such conditions," the Bench directed.

The Court was hearing a suo motu case initiated by it after various news reports flagged such bail conditions imposed by courts in Odisha.

According to recent reports, various courts in Odisha including the High Court had directed accused persons to clean police stations for release on bail.

Many such cases involved Dalit and Adivasis who were involved in anti-mining protests in the State.

The Orissa High Court alone passed 50 such orders in the last six months.

When the suo motu case was taken up for hearing today, the Bench said that the conditions imposed by the courts in Odisha were obnoxious.

"Unfortunately the High Court as well as some district courts while granting bail in odisha is imposing conditions which is obnoxious and bringing a bad name to the image of judiciary," the CJI remarked.

"We do not expect the judiciary to act and behave in 2026. We spent 76 years for the liberty and this is how are repaying," he added.

The Court then highlighted certain instance of such orders being passed by Odisha courts.

"40 such individuals were arrested and some were granted bail by Orissa High Court and some unprecedented conditions were imposed such as cleaning of police stations for 2 months or so. In another Order, Orissa High Court while granting bail to petitioner, similar such order was passed. In Laxman Nayak case also same order was passed," the top court said.

Such order shows the judiciary of Odisha as caste based, the Bench said while proceeding to declare such condition as null and void.

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