Patna, August 19, 2025:

The Supreme Court sharply reprimanded Bihar IPS officer Ashok Mishra for submitting what it termed a “shockingly irresponsible” affidavit in a high-profile murder case, which contradicted the state’s prosecution stance and appeared to favor the accused.

A bench comprising Justices Ahsanuddin Amanullah and SVN Bhatti expressed serious concern over the affidavit, noting that it effectively provided a “clean chit” to convicts in a case where a conviction had already been secured at trial. The filing contradicted the chargesheet and trial court findings, prompting suspicions of either gross negligence or deliberate misconduct.

During the hearing, Mishra, who is currently posted as SP (Special Branch), Patna, appeared personally and tendered an unconditional apology, describing the incident as a “big learning experience.” However, the bench criticized the casual approach taken by senior officers while filing affidavits.

“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 observed.

The bench also advised the officer to uphold loyalty to the Constitution over subservience to superiors, emphasizing the importance of applying independent judgment even in the face of potential transfers or administrative pressure.

After the stern reprimand, the Court accepted Mishra’s apology, closing the matter with a cautionary note.

Case Background:
The matter relates to a plea filed by the deceased’s wife challenging the Patna High Court’s suspension of sentence for convicts in a murder case. Mishra, while serving as SP Samastipur, filed a counter-affidavit that contradicted the state’s prosecution case, raising serious concerns about his conduct.

The case involves offences under Sections 302/34 (murder with common intention), Section 120B (criminal conspiracy) of IPC, and Section 27(3) of the Arms Act, 1959. Mishra defended the filing as a human error and sought unconditional forgiveness for the inadvertent mistake.

The Supreme Court had earlier refused to accept his apology, directing him to appear in person today to explain his conduct.

Cause Title: Madhuri Devi v. Arjun Das @ Kariya & Ors.