Institute of Legal and Management Studies

The Supreme Court on Friday (Aug. 1) took strong exception to the casual conduct of the senior police officer from Bihar for filing a counter-affidavit in support of the accused in a criminal matter, in contradiction with the State's prosecution case.

The bench comprising Justices Ahsanuddin Amanullah and SVN Bhatti issued a show-cause notice to Ashok Mishra, IPS, the then Superintendent of Police, Samastipur, asking why action should not be initiated against him for his conduct of filing affidavit in support of the accused, which was in sharp contrast to the State's original stance, which had led to a conviction after investigation and trial.

“The Court was really concerned with the affidavit filed by the Superintendent of Police, a senior officer in which he had basically given a clean chit to the accused though it was the same police who had conducted the investigation and filed a charge-sheet.”, the court observed.

it is high time the Court takes cognizance/judicial notice of such conduct of senior officers who are duty bound to uphold the Rule of Law but act in a manner which is prejudicial to the interest of the State and also in maintaining law and order under their jurisdiction.”, the court added.

The bench made these remarks while hearing the plea filed by deceased's wife challenging the Patna High Court's decision to suspend the Respondents (convicted for petitioner's husband's murder) sentence in connection with offence committed under Sections 302/34 (murder with common intention) read with Section 120B (criminal conspiracy) of IPC and Section 27(3) of the Arms Act, 1959.

The Court was shocked to know that Mishra, had filed a counter-affidavit in the matter not in support of the prosecution, but instead in favour of the accused.

In his defence, Mishra said that the affidavit submitted by him was a human mistake and sought an unconditional apology for the inadvertent error.

Refusing to accept his apology and explanation, the Court said that a mistake involving three substantial paragraphs in an affidavit could not be accidental. From his conduct, the Court inferred that the officer either failed to read what he was submitting (a case of gross negligence), or he intentionally supported the accused (a case of deliberate misconduct).

“We are surprised that such a stand is taken. The human error is said to be due to the oversight. However, the same has been made at not one but three paragraphs in a short affidavit which has been filed before this Court. Thus, either the Court has to presume that he has not read the affidavit or on the other hand if it is presumed that he had read then there could not have been any inadvertence/oversight or human mistake for the reason that repeatedly in 3 paragraphs such stand has been taken. This, either way, proves that the deponent had affirmed the affidavit in a most casual manner without being sensitive of the responsibility attached to affirming such affidavit and that too before this Court.”, the court said.

Accordingly, the Court directed the personal appearance with his show cause on Aug. 19, 2025 i.e., on the next date of listing.

“Accordingly, we put Mr. Ashok Mishra, I.P.S., on notice and issue show cause to him to explain us as to why this Court may not take strict view of the matter and pass appropriate orders against him in this regard.”, the court said.

Cause Title: MADHURI DEVI VERSUS ARJUN DAS @ KARIYA & ORS.

Click here to read/download the order

Appearance:

For Petitioner(s) :Mr. Dharmendra Kumar Sinha, AOR Mr. Rajiv Kumar Jha, Adv. Mrs. Vandna Beri, Adv. Mr. Kanishk Mor, Adv. Ms. Surabhi Jain, Adv.

For Respondent(s) : Mr. Samir Ali Khan, AOR Mr. Pranjal Sharma, Adv. Mr. Kashif Khan, Adv. Ms. Eksha Sharma, Adv. Mr. Rohit Kumar Singh, AOR Mr. Shivam Sharma, Adv. Mr. Akash Kumar, Adv. Mr. Aditya Sharma, Adv. Mr. Harsh Tomar, Adv. Mr. Ashutosh Thakur, AOR Mr. Chinmay Kumar, Adv. Mr. Chandra Pratap, Adv. Mr. Ritesh Singh, Adv. Mr. Amit Kashyap, Adv. Ms. Ashmita Bisarya, Adv. Ms. Sabnam Sultana, Adv. Mr. Nirmal Kumar Ambastha, AOR Mr. Jay Kishor Singh, AOR Mrs. Smriti Singh, Adv. Mr. Dharmendra Kumar, Adv.