NEW DELHI ,4 May 2026 : 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.
