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) No. 2/2026
The Supreme Court, in a suo motu case, strongly disapproved of bail conditions imposed by courts in Odisha requiring accused persons to clean police stations, calling them “obnoxious,” “cruel,” and contrary to constitutional principles.
Taking note of such conditions imposed by the Orissa High Court and trial courts, the Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi observed that these directions reflect a troubling mindset and risk bringing disrepute to the judicial institution. “In a liberty matter, putting these conditions like cleaning of police station… we do not expect the judiciary in 2026 to impose this kind of condition,” the Court remarked.
The Court further noted that such conditions appear to proceed on a presumption of guilt and may reflect underlying bias, particularly against marginalised communities. It observed that “the nature of the condition is so abhorrent, cruel, degrading and unknown to law that it raises concerns about caste-based discrimination within the justice system.”
Emphasising constitutional values, the Court said that bail conditions must respect dignity and equality, adding that such directions “strike at the dignity of the accused and proceed with the premise of their guilt, which is totally impermissible in law.”
Declaring such conditions impermissible, the Court held them to be “null and void” and directed all courts in Odisha to delete similar conditions from existing bail orders and refrain from imposing them in the future.
The Court also directed that a copy of its order be circulated to all High Courts across the country to ensure that such practices are not repeated elsewhere, observing that such conditions have the potential to cause “serious social friction.”
The matter has been posted for compliance, with the Orissa High Court directed to submit a report within four weeks.
Background of the case
The case arose from protests in 2023 relating to land acquisition for an epoxide mining project in the Rayagada and Kalahandi districts of Odisha. The protests, largely led by members of Adivasi and Dalit communities, were alleged to have turned violent, with demonstrators reportedly attacking company officials. This led to multiple FIRs being registered and several arrests, following which courts granted bail subject to the impugned conditions to clean the police station.