'Be Loyal To Constitution, Not Bosses': Supreme Court Reprimands Bihar IPS Officer For Filing Affidavit Supporting Murder Convict

The Supreme Court today (Aug. 19) reprimanded Bihar IPS officer Ashok Mishra for filing a "shockingly irresponsible" affidavit supporting an accused in a murder case, contradicting the state's prosecution stance.

A bench of Justices Ahsanuddin Amanullah and SVN Bhatti had earlier taken serious exception to Mishra's affidavit, which effectively gave a "clean chit" to the accused in a case where the police had initially secured a conviction. The affidavit, filed before the Supreme Court, directly contradicted the chargesheet and trial court findings, raising suspicions of either gross negligence or deliberate misconduct.

During today's hearing, Mishra, currently posted as SP (Special Branch) in Patna, appeared personally and tendered an unconditional apology, calling it a "big learning experience." However, the bench expressed deep concern over the casual manner in which senior officers file affidavits without proper scrutiny.

“We are more pained about the manner in which you would be discharging your functions… If this is the level of seriousness shown, you don't read each and every paragraph of your affidavit.”, the bench said.

The Court advised the IPS officer to be "loyal to the Constitution and not to bosses."

“Apply your mind, do justice. Of the post you are holding, do justice to the people. Don't canter to your bosses. If they tell you to do illegal things. Stand up for your conviction. Stand up for what most they can do. They transfer you. Be prepared. Your salary will not be cut. You learn the reputation but nobody can learn. And that is your real respect. Your respect at that time is only because you are holding that chair.”, the court orally remarked.

However, after a stern reprimand, the Court accepted his unconditional apology, closing the matter with a cautionary warning.

Background

The case pertains to a challenge against the Patna High Court's suspension of sentence for convicts in a murder case. The Supreme Court had earlier noted that Mishra's affidavit, filed as SP Samastipur, contradicted the state's prosecution case, raising serious doubts about his conduct.

The plea was 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 on previous hearing, the Court directed his personal appearance with his show cause on Aug. 19, 2025 i.e., today.

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

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