India : Indian Police Service Officer go Scott-free in Supreme Court for allegedly Shielding Murder Convict
- Vineet Malik
- 6 days ago
- 4 min read
By Vineet Malik | August 24, 2025 | India
In a shocking incident before the Supreme Court of India (SCI) in New Delhi, an Indian Police Service (IPS) Officer got away from the punishment last Tuesday for submitting the counter-affidavit in support of a murder convict
The matter pertains to a criminal appeal filed before the Supreme Court (SC) by the victim’s wife with the title “Madhuri Devi vs. Arjun Das & Others early this year against the verdict passed by Patna High Court in Bihar, exonerating the murderers. The High Court had ruled against the trial court conviction of the accused.
The Bihar Police filed the charge sheet under Sections 302/34 read with 120B of Indian Penal Court (IPC) and 27(3) of the Arms Act and convicted the accused after conducting due investigation in support of the Bihar State Prosecution.
Amid the ongoing proceedings in the SC, the double-bench presided by Justices A Amanullah and SVN Bhatti on 1 August were shell shocked after going through the contradictory ‘Affidavit’ filed by the then Superintendent of Police (SP) – IPS Officer Ashok Mishra posted in Samastipur that clearly supported and exonerated the murder convict.
Mishra was issued a notice to appear in person to explain his stance before the SC.
On 19 August, Justices verbally snubbed Mishra and said “We are deeply saddened and can imagine how you must be conducting your duties. If you don’t read your own Affidavit, it should be construed as negligence. Your respect comes from your integrity and loyalty towards the Constitution.
Don’t indulge in bootlicking, be loyal to the Constitution, not your bosses. Don’t obey unlawful instructions from your seniors. You should understand that your position gives you responsibility to dispense justice. Maintain the sanctity of your position. There is nothing above the Constitution."
Despite reprimanding Mishra for his misconduct, Justices on the last date of hearing held on 19 August, leniently accepted his unconditional apology and let him escape from the clutches of law, only with a warning.
Mishra at present is posted as SP (Special Branch) in Patna Police.
Advocate on Record (AOR) Samir Ali Khan represented the Respondent in this matter.
Consequences of filing a False Affidavit
The swearing of false affidavit in judicial proceedings not only has the tendency of causing obstruction in the due course of judicial proceedings but has also the tendency to impede, obstruct and interfere with the administration of justice.
The filing of false affidavit in judicial proceedings in any court of law exposes the intention of the concerned party in perverting the course of justice. The due process of law cannot be permitted to be slighted nor the majesty of law be made a mockery by such acts or conduct on the part of the parties to the litigation or even while appearing as witnesses.
Anyone who makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice by resorting to the filing of false evidence, commits criminal contempt of the court and renders himself liable to be dealt with in accordance with the Act.
Filing of false affidavit or making false statement on oath in Courts aims at striking a blow at the Rule of Law and no court can ignore such conduct which has the tendency to shake public confidence in the judicial institutions because the very structure of an ordered life is put at stake.
It would be a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to filing of false affidavit or giving of false statements and fabricating false evidence in a court of law.
The stream of justice has to be kept clear and pure and anyone soiling its purity must be dealt with sternly so that the message perculates loud and clear that no one can be permitted to undermine the dignity of the court and interfere with the due course of judicial proceedings or the administration of justice.
About Bihar State located in Eastern India
Bihar has consistently ranked among the top-five states in context to violent crimes, involving firearms, as per the National Crime Records Bureau (NCRB) figures. The state was held on the second position in violent crime rate in 2017, 2018, 2020 and 2022, as verified by NCRB.
As per the latest State Crime Records Bureau (SCRB) data, the state recorded 1,376 murders with an average of 229 every month between January and June, compared to 2,786 in all of 2024 and 2,863 in 2023.
Less than two months back, Bihar witnessed a shocking surge in violent crimes, exposing several glitches in the law and order situation. In just 72 hours in the month of July, more than 10 people were murdered.
Views of The Revelation
In the interest of justice, to set a good precedent and to deter the never ending impunity enjoyed by the Police Officers in India, The Revelation is of the opinion that the SC double-bench presided by Hon'ble Justices A Amanullah and SVN Bhatti should not have accepted the unconditional apology tendered by the IPS Officer Ashok Mishra for shielding the alleged murder accused.
Instead, criminal proceedings should have been initiated against Mishra for committing the Contempt of the SC and interfering with the administration of justice.
In the recent past, despite committing gravest of the crimes, there has been repeated incidents of the Police enjoying impunity in India.
SC Orders dated August 1 and August 19, 2025 can be read here.
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