New Delhi: 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.
Taking suo motu cognisance of the matter based on news reports, a bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi issued omnibus directions to Odisha courts to immediately stop such a cruel practice and termed the same as null and void.
The Court observed that such conditions were imposed with a premeditated bias and the nature of these conditions is so abhorrent, cruel, degrading and unknown to law, that it carries potential to cast a serious aspersions suggesting that Odisha judiciary is afflicted by a caste-based bias.
“We are deeply disappointed and disheartened and express our strong disapproval at the way Odisha judiciary has expr
essed 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 said, stressing that any accused person in India is presumed to be innocent until proven guilty. It was absolutely disappointed and disheartened to note that the certain judicial officers of the Odisha judiciary are imposing such burdensome and inhumane conditions on accused persons belonging to certain Adivasi communities by presuming their guilt by mere accusations.
It was noted that such conditions are not imposed when granting bail to those who are well-off.
The apex court also granted liberty to the accused persons to approach the high court to delete such conditions.
“Let the petitioners approach the Orissa High Court to forthwith delete such conditions and not substitute it with any other analogous condition. The accused shall remain on bail,” said the bench, in its order.
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,” said the Bench.