'Our Order Not A Comment Against Any Judge': Supreme Court Clarifies In Suo Motu Case Over Odisha Courts' 'Caste-Coloured' Bail Conditions

In the suo motu case taken up over some Odisha courts' bail conditions requiring accused from Dalit-Adivasi communities to clean police stations, the Supreme Court today clarified that its earlier order calling out the State judiciary over its orders should not be understood as casting aspersions or making adverse comment against any High Court judge or judicial officer in the state.A bench comprising CJI Surya Kant and Justice Joymalya Bagchi made the observation, with CJI Kant noting that the remarks may otherwise have a demoralizing effect. Ultimately, the matter was disposed of, in view of a compliance report filed by the Registrar General of the High Court.To recap, the top Court took up the suo motu case after taking note of some reports highlighting Odisha Courts' bail orders requiring Dalit-Adivasi accused to clean police stations for 2 months. According to a report published by Article 14, such directions were issued in cases arising out of anti-mining protests in Odisha. About 8 orders were passed between May 2025 and January 2026; while 7 of them were passed by Courts in Rayagada district, 1 was passed by the High Court. Of the 8 cases, 6 accused belonged to the Dalit community, and 2 were Adivasis.On May 4, the Supreme Court came down heavily on Odisha's courts for imposing such bail conditions. Taking serious exception to the directions, the Court termed the condition “obnoxious” and said it reflected a caste bias within the State judiciary."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, which 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.Declaring the bail conditions as "null and void", the Court issued an omnibus direction to all Courts in Odisha to forthwith delete such or similar offending conditions from their bail orders. It was directed that the courts shall refrain from substituting the conditions with any analogous requirements and the accused, who suffered such orders, shall remain on bail, unencumbered by the conditions in question.The top Court also directed Courts outside Odisha to not 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," it observed, directing that a copy of the order be circulated to all High Courts.The High Courts, in turn, were called upon to ensure service of the order upon each judicial officer in their jurisdiction, alongwith a communication that such bail conditions shall not be imposed under any circumstance.Case Title: 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) 2/2026

'Our Order Not A Comment Against Any Judge': Supreme Court Clarifies In Suo Motu Case Over Odisha Courts' 'Caste-Coloured' Bail Conditions

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'Our Order Not A Comment Against Any Judge': Supreme Court Clarifies In Suo Motu Case Over Odisha Courts' 'Caste-Coloured' Bail Conditions

Debby Jain

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