SC Denies Bail to BJP MLA Accused of Slapping Woman Officer, Slams Odisha Government’s Bias

The Supreme Court of India delivered a scathing judgment on BJP MLA Jayanarayan Mishra’s anticipatory bail plea. Mishra, accused of slapping a woman police officer during a 2023 protest, was denied bail as the Court criticized the Odisha government’s softened stance after a political transition. The judgment highlighted the impartiality of the law and emphasized the need for unbiased investigations irrespective of political changes.

Case Details and Political Context

• Jayanarayan Mishra faced accusations of assaulting a woman police officer during a protest in 2023.
• The incident occurred when Odisha was under the rule of the Biju Janata Dal (BJD), which lost power to the BJP in the 2024 State Legislative Assembly elections.
• The case titled Jayanarayan Mishra v. The State of Odisha, SLP(Crl) No. 1145/2024 became a litmus test for ensuring impartial law enforcement in politically sensitive cases.

Supreme Court’s Decision and Observations

Dismissal of Anticipatory Bail Plea

• A bench comprising Justices Hrishikesh Roy and SVN Bhatti rejected Mishra’s plea, stating that granting him bail would prejudice the ongoing investigation.
• The Court stressed that the integrity of investigations must remain untainted by political affiliations or pressures.

Criticism of Odisha Government’s Stance

• Advocate Samapika Biswal, representing the Odisha government, suggested that the Court direct Mishra to cooperate with the investigation instead of opposing the bail outright.
• This softened position contrasted sharply with the strong opposition recorded in a counter-affidavit filed by the same state government under the previous BJD rule.
• Justice Bhatti questioned the counsel, stating, “Can we treat it as a concession given by you for representing the State of Odisha?”

Sharp Rebuke on Police Neutrality

Justice Roy’s Remark on Uniform and Governance

• Justice Hrishikesh Roy issued a stern remark:
  • “The color of the uniform of the police officer does not change with the change of government.”
• The statement underscored the necessity for law enforcement officers to remain apolitical and impartial, irrespective of which political party is in power.

Highlighting the Doctrine of Impartiality

• The bench criticized the apparent influence of political transitions on administrative decisions, urging officials to prioritize justice over political affiliations.
• It served as a reminder that public officers have a duty to the law above all else.

Why This Judgment Matters

Ensuring Rule of Law

• The Supreme Court reinforced the principle that investigations and law enforcement actions must adhere to the rule of law, without bias or external influence.
• The judgment highlights the importance of applying justice equally, regardless of political transitions.

Setting a Precedent for Accountability

• By holding the Odisha government accountable for its leniency towards Mishra, the Court sent a strong message against politicizing law enforcement processes.
• The remarks emphasize that public officials and governments must not compromise judicial integrity for political convenience.

Court’s Final Stance

• Mishra’s anticipatory bail plea was dismissed, ensuring the ongoing investigation remains free from bias.
• The Supreme Court reiterated its commitment to maintaining transparency, impartiality, and judicial independence in politically sensitive case.

Case Title: JAYANARAYAN MISHRA v. THE STATE OF ODISHA, SLP(Crl) No. 1145/2024