Bhubaneswar/ New Delhi, May 5: The Supreme Court on Monday declared as "null and void" a series of bail conditions imposed by Odisha courts, which required accused individuals to clean police stations. The Court condemned these conditions as "obnoxious" and reflective of "caste bias," stressing that such practices tarnish the reputation of the Indian judiciary.
The top court had taken suo motu cognizance after news reports highlighted the controversial bail conditions, particularly affecting activists from Dalit and Adivasi communities involved in anti-mining protests.
One such order from the Odisha High Court, dated May 28, 2025, mandated an applicant to clean the Kashipur police station every morning for two hours over two months. Similar orders were found in at least seven other cases across the state.
“These conditions do not serve justice but rather undermine the dignity of the accused, presuming their guilt, which is illegal,” the bench remarked. The court emphasized that these bail conditions violated basic principles of fairness.
Chief Justice of India (CJI) Surya Kant questioned Odisha's Advocate General, Pitambar Acharya, pointing out that "Directing the accused to clean the police station for two months is a practice no judiciary should be endorsing in 2026."
The Court also pointed to the apparent selective nature of these orders. It noted that no such conditions were being applied to accused individuals from more privileged sections of society, underscoring a potential pattern of caste-based discrimination.
Even if imposed inadvertently, the Court described these conditions as “abhorrent, cruel, and degrading,” suggesting they reflected a deep-seated caste bias within the judicial system. “Such orders not only violate the dignity of the accused but also call into question the impartiality of the state’s judiciary,” the bench added.
In its ruling, the Supreme Court reminded all courts of their responsibility to protect constitutional guarantees of equality. It reaffirmed the judiciary’s role in safeguarding the most vulnerable and stressed that over 75 years of constitutional development had strengthened equality as a cornerstone of India’s legal system.
The Court warned that “caste-coloured and oppressive conditions” would not be tolerated, urging immediate cessation of such practices to prevent further social discord. To ensure compliance, the Registry has been instructed to circulate the order to all High Courts across India.
