SUPREME COURT PULLS UP BIHAR IPS OFFICER FOR BACKING MURDER CONVICT IN AFFIDAVIT; ISSUES SHOW CAUSE NOTICE:

On August 1, the Supreme Court expressed strong disapproval of the conduct of a senior Bihar police officer, Ashok Mishra, IPS, for filing a counter-affidavit in support of a murder convict, an act that directly contradicted the prosecution’s case and the findings of investigation and trial conducted by the state police. Mishra, who was serving as the Superintendent of Police in Samastipur at the time, submitted the affidavit during proceedings in a criminal appeal, in a manner that the Court found deeply troubling and inconsistent with the State’s original position, which had led to a conviction under serious criminal charges.

The matter was heard by a bench comprising Justices Ahsanuddin Amanullah and SVN Bhatti, in a case involving the murder of the petitioner’s husband. The petitioner, the deceased's wife, had approached the Supreme Court challenging the Patna High Court’s order that had suspended the sentence of the Respondents, individuals convicted under Sections 302/34 of the Indian Penal Code (murder with common intention), Section 120B (criminal conspiracy), and Section 27(3) of the Arms Act, 1959.

During the hearing, the Supreme Court noted with concern that the affidavit submitted by Mishra appeared to exonerate the accused. The Court emphasized that such conduct by a senior officer, particularly one who represents the State’s law enforcement machinery, cannot be condoned. The Court observed that it was disturbing to see that the affidavit, filed before the apex court, essentially gave a clean chit to the accused, even though it was the same police force, under the officer’s own institution, that had conducted the investigation and filed the charge sheet leading to the conviction.

The Court further remarked that this was not a trivial oversight. It found that the affidavit contained at least three distinct paragraphs where the officer had clearly expressed views supportive of the accused, making it difficult to accept Mishra’s explanation that it was a mere “human error.” In his defence, Mishra submitted an unconditional apology and claimed the affidavit was filed inadvertently. However, the bench rejected this argument, holding that either the officer had not read the affidavit before affirming it, a case of gross negligence or he had knowingly supported the accused, amounting to deliberate misconduct.

The bench underscored the seriousness of the issue, stating that senior officers are duty-bound to uphold the Rule of Law and act in the interest of justice. When such officers behave in a manner prejudicial to the State's interest and compromise law and order, it becomes necessary for the Court to take judicial notice. It added that the conduct shown in this case reflected a casual and irresponsible approach to a highly sensitive matter pending before the highest court of the country.

Consequently, the Supreme Court issued a show-cause notice to Ashok Mishra, IPS, asking him to personally appear and explain why disciplinary or legal action should not be taken against him for his conduct. The matter has been listed for further hearing on August 19, 2025. The Court made it clear that it intends to take a strict view of the matter and will decide on appropriate action based on the officer’s explanation.