Bail Condition Restricting Political Activities Breaches Fundamental Right; Cannot Be Imposed: Supreme Court

The Supreme Court has recently ruled that imposing a condition on a politician to abstain from engaging in political activities as a condition for bail would infringe upon his Fundamental Rights.

The Bench of Justice BR Gavai and Justice Sandeep Mehta overturned a bail condition imposed by the Orissa High Court, which barred a politician from participating in political activities.

The Court held that such a condition would violate the appellant's fundamental rights and therefore quashed it. "We find that the imposition of such condition would breach the fundamental rights of the Appellant and no such conditions could have been imposed...therefore, quash and set aside the condition imposed by the High Court, to the extent the same is extracted above," it ordered. 

The Petitioner, Siba Shankar Das, a leader of the Odisha Bharatiya Janata Party (BJP) and former Berhampur mayor, had multiple criminal cases against him after switching parties from the Biju Janata Dal (BJD).

Das appealed to the Apex Court after the Orissa High Court, in August 2022, granted him bail but directed that he refrain from creating any disturbances in public and abstain from political activities, directly or indirectly.

The Appellant had challenged the Order dated January 18, 2024, passed by the High Court of Orissa at Cuttack, vide which the application filed by him for withdrawal of the condition in Order dated August 11, 2022, was rejected.

The condition which is sought to be withdrawn is thus: “(iv) The appellant shall not create any untoward situation in public and shall not be involved in any political activities, directly or indirectly.”

Accordingly, the Court allowed the Appeal. 

Cause Title: Siba Shankar Das @Pintu v. State of Odisha and Anr. [SLP (Crl.) Nos. 2523-2527 of 2024]

Appearance:

Petitioner: Suresh Chandra Tripathy (AOR)

Respondent: Som Raj Choudhury (AOR), Advocates Shrutee Aradhana, Prashant Kumar

Click here to read/download the Order