The Supreme Court rebuked IPS officer Ashok Mishra for filing a contradictory affidavit that appeared to favor murder convicts. The bench accepted his apology but warned him to uphold “loyalty to the Constitution over subservience to superiors.”
New Delhi: On August 19, the Supreme Court of India came down heavily on Bihar IPS officer Ashok Mishra for filing what it described as a “shockingly irresponsible” affidavit in a sensitive murder case. The affidavit, instead of supporting the prosecution, appeared to give relief to the accused, which created doubts about the officer’s conduct.
A two-judge bench consisting of Justices Ahsanuddin Amanullah and SVN Bhatti expressed strong concern, saying that the affidavit virtually worked like a “clean chit” to the convicts, even though they had already been found guilty during trial.
The Court said the document went against the chargesheet filed by the police as well as the findings of the trial court. This, according to the bench, raised a serious question of whether the mistake was due to extreme carelessness or deliberate action.
Ashok Mishra, who is now posted as Superintendent of Police (Special Branch) in Patna, was asked to personally appear before the Court. During the hearing, he admitted his mistake, tendered an unconditional apology, and said that the incident had been a “big learning experience.”
The judges, however, did not hide their disappointment. They strongly criticized the casual way in which senior police officers were preparing and filing affidavits.
The bench remarked:
“We are more pained about the manner in which you discharge your duties… If this is the level of seriousness shown, you don’t read each and every paragraph of your affidavit.”
The Court also gave a word of advice to the officer about professional integrity. It reminded him that his duty should be to the Constitution first, and not just to his superiors.
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The bench observed that officers must be able to apply their own mind independently, even if it means facing transfers or administrative pressure. In its words, the Court stressed that an officer should uphold
“loyalty to the Constitution over subservience to superiors.”
After giving a stern warning, the bench finally decided to accept Mishra’s apology. The matter was closed but with a caution for the future.
Background Of The Case
This case goes back to a petition filed by the wife of the victim in the murder case. She challenged the Patna High Court’s decision to suspend the sentence of the convicts.
While Ashok Mishra was serving as SP in Samastipur, he submitted a counter-affidavit that went against the prosecution’s case, which alarmed both the family and the Court.
The murder case itself involves serious charges under Sections 302/34 (murder with common intention), Section 120B (criminal conspiracy) of the Indian Penal Code, and Section 27(3) of the Arms Act, 1959.
Mishra later told the Court that his contradictory affidavit was the result of human error and pleaded for unconditional forgiveness.
CASE TITLE:
MADHURI DEVI vs ARJUN DAS @ KARIYA & ORS.
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