The Supreme Court declared such bail conditions “null and void”, called them degrading and caste-coloured, and directed that similar conditions must not be imposed by any court in future.
Supreme Court Takes Exception To Odisha Bail Conditions
The Supreme Court of India on Monday strongly criticised courts in Odisha for imposing unusual bail conditions.
The conditions required accused persons from Dalit and Adivasi communities to clean police stations for two months.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard the suo motu case.
The case concerns reports about such conditions in bail orders passed by the Orissa High Court and district courts in Odisha.
The case is titled 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.
Supreme Court Declares Bail Conditions Null And Void
The Supreme Court declared the impugned bail conditions “null and void.”
It directed all courts not to impose such conditions in future.
The Bench also ordered circulation of its order to all High Courts across the country.
The Court said no State judiciary should impose caste-coloured and oppressive bail conditions.
It warned that such directions can create serious social friction.
Court Says Conditions Reflected Caste Bias
The Supreme Court described the conditions as “obnoxious.”
It said they reflected caste-based bias.
The Court said it felt deeply disappointed and disheartened by the conduct of the Odisha State judiciary.
It observed that the judiciary had, in effect, returned to a colonial mindset.
The Court said the conditions were onerous, degrading and humiliating.
It also said they violated human rights on their face.
According to the Bench, such conditions do not advance justice.
Instead, they attack the dignity of the accused.
The Court added that these conditions proceed on an assumption of guilt, which the law does not permit.
‘Cruel, Degrading And Unknown To Law’: Supreme Court
The Bench said the conditions created an impression of caste bias.
It noted that the accused persons came from marginalised communities.
The Court also referred to reports that courts did not impose similar conditions on accused persons from privileged sections.
It said even an inadvertent order of this kind could cause serious damage.
The Court observed that the conditions were abhorrent, cruel, degrading and unknown to law.
It added that such orders could create an impression that the Odisha judiciary suffered from caste-based bias.
Constitutional Vision Of Casteless Society Recalled
The Supreme Court referred to the constitutional vision of a casteless society.
It specifically cited Article 17 of the Constitution, which abolishes untouchability.
The Bench also referred to Articles 14 and 16.
These provisions guarantee equality before law and equality of opportunity.
The Court reminded courts of their duty to protect these constitutional guarantees.
It said courts must protect the most vulnerable sections of society.
The Bench observed that, over 75 years, the judiciary has turned equality into a powerful tool for citizens.
It added that courts must ensure that State power does not violate fundamental rights.
CJI Surya Kant Questions Odisha Bail Practice
During the hearing, CJI Surya Kant addressed Odisha Advocate General Pitambar Acharya.
The CJI expressed concern over the nature of the bail conditions.
He said High Courts and some trial courts in Odisha had imposed obnoxious conditions.
According to the CJI, such conditions reflected caste-based bias and brought a bad name to the judiciary.
He referred to directions asking accused persons to clean police stations for two months.
The CJI said courts should not impose such conditions in 2026.
Orissa High Court And Rayagada Court Orders Under Scrutiny
One of the orders came from the Orissa High Court.
The Additional Sessions Court, Rayagada, also passed similar orders.
According to a report published by Article 14 last week, these directions arose in cases linked to anti-mining protests in Odisha.
The report said the accused persons who faced these conditions belonged to Dalit and Adivasi communities.
It referred to an Orissa High Court order dated May 28, 2025.
In that order, the High Court directed Kumeswar Naik to clean the premises of Kashipur Police Station every morning.
The timing fixed was from 6:00 a.m. to 9:00 a.m. for two months.
Eight Such Orders Reported Between May 2025 And January 2026
As per the report, courts passed eight such orders between May 2025 and January 2026.
Courts in Rayagada district passed seven of them.
The Orissa High Court passed one order.
Out of the eight applicants, six belonged to the Dalit community.
Two applicants belonged to Adivasi communities.
