SC slams 'cruel' bail conditions in Orissa, issues omnibus directions

The Supreme Court has taken suo moto cognisance and issued omnibus directions to Orissa courts, ordering them to immediately stop imposing cruel and degrading bail conditions, such as cleaning police stations, on accused persons from lower castes.

The Supreme Court expressed strong disapproval of bail conditions such as cleaning of police stations imposed by Orissa courts on certain accused persons belonging to lower caste communities.

Taking suo moto cognisance of the matter based on news reports, a bench led by the Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi on Monday issued omnibus directions to Orissa courts to immediately stop such a cruel practice and termed the same as null and void.

Court Slams 'Premeditated Bias' and Presumption of Guilt

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 serious aspersions suggesting that the Odisha judiciary is afflicted by a caste-based bias.

The Court reiterated that any accused person in India is presumed to be innocent until proven guilty. It was absolutely disappointed and disheartened to note that 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 based on mere accusations.

"The nature of the condition is so abhorrent, cruel, disheartening and unknown to law that it casts a serious aspersion suggesting that Orissa juridicraru by affected by caste-based bias," the Court noted.

Practice Violates Constitutional Values, Declared Void

The Court emphasised that in a diverse country like India, the Constitution envisions a casteless society founded on equality, dignity and equal opportunity. It said the judiciary must actively safeguard these constitutional values and protect vulnerable communities.

The Court expressed deep disappointment over the imposition of such onerous and inhumane conditions. It noted that they violate human rights, strike at the dignity of the accused and presume their guilt. It declared all such conditions and any similar practices to be null and void.

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