Rights activists take exceptions to bail condition of cleaning police station in Odisha
Last month, a single Bench of Orissa High Court heard the bail petition of Kumeswar Naik, who was in jail following his arrest on charges of alleged act of vandalism at Kashipur Police Station in Rayagada district on September 19, 2024. Kumeswar Naik and 200 other villagers were enraged over arrest of Kartik Naik, an anti-mining activist in Rayagada district.
Kumeshwar Naik, who was booked under stringent Sections 191(2), 191(3), 285, 333, 126(2), 121(2), 132, 109(1), 351(3), 125(a), 326(g), 324(5), 74, 190 of the Bharatiya Nyaya Sanhita and Section 4 of the Prevention of Damage to Public Property Act, 1984 and Section 7 of the Criminal Law (Amendment) Act, had been in jail since his arrest on January 30, 2025.
The High Court Bench without going into merits of the case put forward a bail condition that the petitioner would have to clean the premises of the Kasipur Police Station in the morning hour (between 6.00 A.M to 9.00 A.M.) for two months from the date of his actual release. The Inspector In Charge of Kasipur Police Station would have to provide the cleaning articles like broom, phenyl and other items to the petitioner so that he can clean the said premises.
Besides, the petitioner would have to appear before the concerned local police station in every fortnight on Monday between 10.00A.M. to 1 P.M. till conclusion of the trial. Earlier this month, Rayagada District and Session Judge put forth identical bail conditions in the same case directing Hiramal Naik, another accused, to clean Kashipur police station premise.
'It appears that in the present cases imposition by courts of such bail conditions are not free from the prejudice against the weaker sections of our society. We are afraid, if such bail conditions become a judicial precedence, it will adversely affect the principle of right to bail, and likely to lead to more executive highhandedness. Further, this approach of imposing such bail conditions may not only be construed as pre trial punishment but also a part of retributive justice system,' said Biswapriya Kanungo, a human right lawyer.
'Agitators who are fighting against the repression of companies for the protection of their livelihoods, nature, and environment have spent months in jail. However, their bail condition is that they must sweep and clean the Kashipur police station for two months,' said Narendra Mohanty, another activist.
Mr. Mohanty said, 'sweeping or cleaning is not at all a dishonourable act. But when such a bail condition is imposed on struggling activists who are resisting State, corporate, and police oppression, making them sweep a police station as part of bail is certainly insulting.'
Activists also referred to another court order in which a woman, accused of defaulting loan, was asked to carry out sweeping in a private bank.
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