Introduction
Jayanarayan Mishra, a Bharatiya Janata Party MLA from Odisha who is accused of
slapping a female police officer during the February 2023 protest, has seen the
Supreme Court dismiss his anticipatory bail plea. A bench of Justices Hrishikesh Roy
and SVN Bhatti observed, “Those in leadership positions have to set an example for
public behaviour”.
Background of the Case
The events occurred on 15 February 2023, when BJP workers conducted sit-in
agitation outside Sambalpur Collectorate. It is the contention of the petitioner that
when the police were trying to regulate the crowd, Mishra responded with filthy
words and improper body contacts by slapping the lady officer on the cheek and
multiple charges were brought against him of outraging the modesty of a woman and
criminal intimidation.
Court Proceedings
The learned counsel Advocate Samapika Biswal, who appeared for the State of
Odisha, suggested that Mishra should let events take their course as he cooperate
with the investigation. The bench interpreted this to be a concession which watered down the seriousness of the allegations made on the table. Justice Bhatti said it was
disturbing to stand by that position and speculated if this could be construed as an
admission for leniency towards Mishra.
The court mentioned earlier, that Mishra has been given interim protection against his
arrest in the past when his case was pending. That protection has been revoked with
the order passed today 34. The lawyers for Mishra argued that custodial
interrogation was not required as the incident was caught on video and it took place
in broad daylight. Still, this did not change the court’s opinion .
Political Background
Mishra has always denied the allegations leveled against him, alleging that they are
politically motivated and fabricated by political opponents from the previous BJD
government. After the BJP won the 2024 State Legislative Assembly elections, which
it took from the BJD, the political harassment account assumes prominence.
In conclusion,
the dismissal of anticipatory bail plea by Jayanarayan Mishra by the Supreme Court
reflects commitment to holding public figures accountable for their doings and
maintaining standards of conduct expected from leadership
