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Be loyal to Constitution, not bosses: SC pulls up Bihar IPS officer for filing affidavit backing murder accused

The top court was hearing an appeal against a Patna High Court order suspending the sentence for convicts in the murder case. The court made the remark while accepting an unconditional apology by the officer, Ashok Mishra, in person.

On Tuesday, the SP appeared before the court in person and tendered unconditional apology which the court accepted.

The Supreme Court Tuesday told a Bihar IPS officer who had filed an affidavit effectively giving a “clean chit” to an accused in a murder case, contradicting the stand of the prosecution, to be “loyal to the Constitution and not to bosses”.

The top court was hearing an appeal against a Patna High Court order suspending the sentence for convicts in the murder case. The court made the remark while accepting an unconditional apology by the officer, Ashok Mishra, in person.

During the hearing in SC on May 19, the Bihar government had referred to the affidavit by Mishra, posted as Superintendent of Police (G), Special Branch (Police Headquarters, Bihar, Patna) in the case which was probed by the state police and the accused was convicted.

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Subsequently, on August 1, a bench of Justices Ahsanuddin Amanullah and SVN Bhatti said it “was really concerned with the affidavit filed by the SP, 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 chargesheet”. The bench asked him to explain his action and sought his explanation.

On Tuesday, the SP appeared before the court in person and tendered unconditional apology which the court accepted.

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