Odisha Judiciary Complies With Supreme Court Direction To Delete 'Obnoxious' Bail Conditions; Suo Motu Case Stands Disposed Of

The Supreme Court on Monday disposed of the suo motu case it had registered over obnoxious bail conditions imposed by the Odisha High Court and the district judiciary in the state while granting bail to certain Adivasi protestors.

While doing so, the bench clarified that its earlier order calling out the State judiciary should not be understood as casting aspersions or making adverse comment against any High Court judge or judicial officer. A bench of CJI Surya Kant and Justice Joymalya Bagchi said this noting that the remarks may otherwise have a demoralizing effect.

The matter was disposed of, in view of a compliance report on deletion of the said conditions was filed by the Registrar General of the High Court.

Last week, a CJI Surya Kant led bench, taking notice of the obnoxious conditions being imposed by the judiciary wherein it asked the accused to clean police stations, had told the Advocate General for the State of Odisha, "We do not expect that the judiciary in 2026 shall impose these kinds of conditions".

While setting aside the conditions imposed on the accused persons, the bench had noted, "We are deeply disappointed and disheartened, and express our strongest disapproval of the manner in which Odisha judiciary has passed such degrading conditions which are ex facie violative of fundamental rights. We declare the conditions, or similarly worded conditions, imposed by the state judiciary while granting bail, as null and void. We deem it appropriate to issue omnibus directions to all courts in Odisha to delete such offending conditions from their orders and to refrain from substituting them with other onerous requirements. The accused shall continue to remain in bail and shall be deemed to have been relieved of the conditions."

CJI Surya Kant further observed that even if it was assumed that such conditions were imposed without pre-meditated bias, the nature of conditions was so abhorrent, cruel, degrading and unknown to law, it suggested that Odisha judiciary is afflicted by a caste-based bias.

The impugned orders were passed by the High Court after protests happened largely by Adivasi and Dalit communities in Odisha which turned violent as some protestors engaged in anti-mining protests and attacked Vedanta officials.

"We are not concerned with legality of land acquisition or veracity of FIRs. 40 individuals were arrested, and while some were granted bail, relief of bail was subjected to range of conditions. Notably, these conditions included unprecedented requirement that accused must undertake cleaning of police stations for 2 months. There are stated to be 6 more such orders passed by trial courts in Odisha between May 2025 and Jan 2026 imposing such conditions. It has been widely reported that such conditions reflect unarticulated bias on assumption that individuals belong to Adivasi communities and therefore it would be justified to subject them to such burdensome requirements," the bench had further noted.

While expressing its deep disappointment over the orders, the bench said it wanted to make sure that other states across the country follow their directions on this. "Registry to circulate the order to all High Courts across country. Each High Court shall ensure that a copy of this order is sent to each judicial officer in its jurisdiction, accompanied with communication that such conditions shall not be imposed while granting bail. Compliance reports to be filed," it has ordered accordingly.

Case Title: IN RE CONDITION BEING IMPOSED WHILE GRANTING BAIL BY HIGH COURT OF ORISSA AND DISTRICT COURTS IN THE STATE OF ODISHA AND ANCILLARY ISSUES Vs

Bench: CJI Kant and Justice Bagchi

Hearing Date: May 11, 2026