Ex-mukhiya murder: SC pulls up sp for supporting convicts
SAMASTIPUR, Aug. 5 -- The Supreme Court has expressed serious displeasure over the conduct of the then superintendent of police (SP), Samastipur, Ashok Mishra, for filing an affidavit that effectively supported convicts in a murder case. The court said it was "surprised" by the "blatant stand" taken by a senior police officer, whose own department had earlier investigated the case and filed the chargesheet leading to conviction of the accused.
A bench of justices, Ahsanuddin Amanullah and S V N Bhatti has summoned Mishra, an IPS officer of 2016 batch, to appear in-person on August 19 after he submitted an affidavit supporting the accused in the case.
The bench, which had earlier directed the impleadment of Mishra as a party to the case, questioned how such statements could be made in an affidavit submitted to the apex court. The affidavit in question, dated April 4, 2025, had been filed by Mishra on behalf of the State of Bihar and controversially appeared to exonerate the accused.
Taking strong exception, the court noted, "The superintendent of police has supported the accused and the impugned order, forgetting that it was an FIR filed by the State which resulted in conviction after due investigation and prosecution."
While Mishra, now posted as SP (G), Special Branch, at police headquarters in Patna, submitted a personal affidavit citing "inadvertence/oversight" for the incorrect submissions in three specific paragraphs of the earlier affidavit, the court rejected the explanation.
"This either proves that the officer did not read the affidavit or, if he did, then it cannot be termed a human error or oversight," the bench observed. "In either case, it shows that the affidavit was affirmed in a most casual manner, without appreciating the responsibility that comes with filing such a document before this court."
Though Mishra tendered an unconditional apology, the court held that it was insufficient....
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