'Cruel, Caste-Coloured' : Supreme Court Invalidates Odisha Courts' Bail Conditions Asking Dalit-Adivasi Accused To Clean Police Station

The Supreme Court of India on Monday came down heavily on courts in Odisha for imposing bail conditions that required accused persons from Dalit and Adivasi communities to clean police stations for a period of two months.Taking serious exception to the directions, the Court termed the condition “obnoxious” and said it reflected a caste bias. "We are deeply disappointed and disheartened, and express our strongest disapproval at the manner in which the Odisha State judiciary has, in fact regressed to a colonial mindset by imposing such onerous, degrading and humiliating conditions, whic are ex-facie violative of the human rights. Such conditions, far from advancing the cause of justice, strike at the dignity of the accused, and proceed on the premise of guilt, which is completely impermissible in law," the Court observed.The Court declared the bail conditions to be "null and void". The Court also directed all Courts not to impose such a bail condition in any future order."We are of the considered view that no other state judiciary shall also ought to impose such caste-coloured and oppressive conditions, which have the potential to generate serious social friction," the Court observed, directing that a copy of the order be circulated to all High Courts across the country.The Court stated that such unfortunate conditions give out an impression that the State judiciary is having a caste-bias, since the accused belonged to the marginalised community."There seems to be some force in the reportage that no such conditions are being imposed by the State judiciary in cases where the accused are from the privileged sections of society. Assuming such conditions were imposed inadvertently or without any premeditated bias, the nature of the conditions are so abhorrent, cruel, degrading and unknown to the law, that there is a potential to cast a serious aspersion suggesting that the Odisha judiciary is afflicted by caste-based bias," the Court observed.The Court, in its order, referred to the Constitutional vision of having a casteless society and Article 17, which prohibits the practice of untouchability. It also cited Articles 14 and 16, which guarantee the right to equality to all.Reminding the Courts of their Constitutional duty, the Court observed :"A judiciary is entrusted with the duty to safeguard these constitutional guarantees and is expected to jealously protect those who are most vulnerable. Over the course of 75 years of the Constitutional journey, the judiciary has transformed the principle of equality into a potent instrument in the hands of the citizens, ensuring that the might of the State cannot transgress fundamental right."A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was considering a suo motu case registered over reports regarding the bail conditions.Addressing the Advocate General of Odisha Pitambar Acharya, CJI Kant said :"Unfortunately, the High Courts and some trial courts in Odisha are imposing some bail conditions, which are obnoxious, and reflecting caste-based bias.. and are bringing a bad name to the judiciary. Directing the accused to clean the police station for two months- thise should not be a condition a judiciary should be imposing in 2026." One such order was passed by the Orissa High Court. Similar orders were passed by the Addl Sessions Court, Rayagada. According to a report published by Article 14 last week, such directions were issued in cases arising out of anti-mining protests in Odisha. The report noted that the accused subjected to these conditions belonged to Dalit and Adivasi communities.The report had referred to an order passed by the Orissa High Court on May 28, 2025, requiring one Kumeswar Naik to "clean the premises of the Kashipur Police Station every morning between 6:00 a.m. and 9:00 a.m for two months."As per the report, eight such orders were passed between May 2025 and January 2026. While seven of them were passed by the Courts in the Rayagada district, one was passed by the High Court.Of the eight cases, six applicants belonged to the Dalit community, and two were Adivasis.Appearance: Odisha Advocate General Pitambar Acharya, Advocate Rishav Ranjan for tribals Kumeswar Naik, Hiramal Naik, Lakshman Naik, Naring Dei Manjhi and othersCase : In Re : Condition Being Imposed While Granting Bail By High Court Of Orissa and District Courts in the State of Odisha and ancillary issues | SMW(Crl) 2/2026Citation : 2026 LiveLaw (SC) 472Click Here To Read/Download Order

'Cruel, Caste-Coloured' : Supreme Court Invalidates Odisha Courts' Bail Conditions Asking Dalit-Adivasi Accused To Clean Police Station

Debby Jain

The Court noted that such conditions were not imposed in cases where the accused belonged to privileged sections.

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'Cruel, Caste-Coloured' : Supreme Court Invalidates Odisha Courts' Bail Conditions Asking Dalit-Adivasi Accused To Clean Police Station

Debby Jain

The Court noted that such conditions were not imposed in cases where the accused belonged to privileged sections.

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INR 1099+GST

Tags

This is a premium content
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