Supreme Court criticizes Odisha’s soft stand on BJP MLA accused of beating woman officer

The Supreme Court today noted the softened stand of the BJP-led Odisha government on the anticipatory bail plea of ​​a BJP MLA accused of beating a woman police officer during a protest in 2023. the color of an officer’s uniform does not change with changes in government.

A bench of Judges Hrishikesh Roy and SVN Bhatti heard the case and rejected Mishra’s anticipatory bail plea, saying it was likely to damage the investigation.

During the hearing Lawyer Samapika Biswalappearing for the State of Odisha, submitted that the Court should only ask Mishra to cooperate in the investigation. Hearing the same, the bench realized that he was being given a concession and disapproved of the stand.

The counsel had to go through the counter affidavit filed earlier on behalf of the state, when the Biju Janata Dal formed the government in Odisha, opposing the grant of anticipatory bail and explaining Mishra’s antecedents. For context, the Odisha government underwent a major overhaul when the BJP defeated the Biju Janata Dal in the 2024 State Legislative Assembly elections and formed a government in Odisha.

Visibly disappointed by the state counsel’s submission, Justice Bhatti posed for Biswal: “Can we consider it as a concession that you have made because you represent the state of Odisha?”

Justice Roy, for his part, forcefully observed: “the color of the police officer’s uniform does not change with the change of government”.

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