Odisha courts rapped for 'perverse' bail orders asking Dalits to clean police stations

The Supreme Court of India slammed the Odisha judiciary for imposing "odious" and caste-based bail conditions, declaring them unconstitutional, null and void, and ordering immediate compliance.

In Short

• Orders immediate removal of such conditions and release of accused on bail
• Directs all High Courts to prevent caste-based bail conditions henceforth
• Court stresses constitutional equality and protection of vulnerable communities

The Supreme Court of India on Monday sharply criticised the Odisha High Court and the state’s district judiciary for imposing what it termed “odious”, “perverse” and degrading bail conditions, including directing Dalits and Adivasis to clean police stations as a condition for release.

Taking suo motu cognisance, the court said it was “deeply disappointed” and “disheartened” by such orders, adding that it “deeply disapprove[s]” of the manner in which the Odisha judiciary imposed “odious, degrading, onerous bail conditions”. The bench held that such conditions strike at the dignity of the accused and are premised on an assumption of guilt.

Declaring all such conditions null and void, the court directed all courts across Odisha to immediately delete them and barred the imposition of any similar conditions in future. It also ordered that the accused persons be released on bail.

The court further directed its registry to circulate a copy of the order to all High Courts, which in turn must ensure that district judges do not impose such conditions “in any circumstances”. The Registrar General of the Odisha High Court has been asked to file a compliance report within four weeks.

The Chief Justice of India said the court took suo motu notice as soon as the matter was brought to his attention, noting that such caste-based conditions give “a very bad name to judicial institutions”. He added that the judiciary in 2026 is not expected to impose such conditions and questioned whether this is what the country has achieved in 75 years.

The controversy arose from protests against the acquisition of land for bauxite mining by the Vedanta Group. The protests allegedly turned violent, with demonstrators from Dalit and Adivasi communities accused of attacking Vedanta officials with axes. Around 40 persons were arrested, and some were granted bail by the Odisha High Court and subordinate courts.

However, bail conditions in certain cases included an unprecedented requirement that the accused clean police stations for two months. The Supreme Court clarified that it was not concerned with the legality of land acquisition or the veracity of the criminal allegations, but with the nature of the bail conditions imposed.

The court noted that similar orders had been passed by a district judge in Rayagada and that sessions courts had followed the High Court’s approach. It observed that multiple such orders were issued between May 2025 and January 2026, raising serious concerns about caste-based bias within the judiciary.

Counsel for the accused argued that such conditions were not imposed on individuals from more privileged sections of society. The court acknowledged that there appeared to be “some force” in the reportage and allegations.

Highlighting constitutional principles, the court said India’s promise of equality remains its most important guarantee. It referred to Articles 14, 15 and 16, which ensure equality, and Article 17, which abolishes untouchability. The bench stressed that the judiciary is entrusted with safeguarding these guarantees and protecting vulnerable communities.

The court emphasised that over 75 years, the judiciary has transformed the principle of equality into a “potent weapon” in the hands of the people and warned that such rights cannot be transgressed.

- Ends