Restricting Political Activities as Bail Condition Violates Fundamental Rights: SC [Read Order]

NEW DELHI: The Supreme Court has said one cannot be prevented from getting involved in political activities as part of his bail conditions in a criminal case as this would violate fundamental rights guaranteed under the Constitution.

A bench of Justices B R Gavai and Sandeep Mehta set aside such a condition imposed upon appellant Shiba Shankar Das alias Pintu, BJP leader and former mayor of Berhampur Municipal Corporation.

Das challenged the Orissa High Court's order of January 18, 2024, which rejected his application for withdrawal of such a condition imposed in order of bail passed on August 11, 2022.

In its order, the HC stated, "The appellant shall not create any untoward situation in public and shall not be involved in any political activities directly or indirectly."

Examining the appellant's plea, the bench, in order on March 22, said, "We find that the imposition of such condition would breach the fundamental rights of the appellant and no such conditions could have been imposed. We, therefore, quash and set aside the condition imposed by the High Court."

The state counsel sought time on the ground that the notice was delivered to him on March 13, 2024 and he has also filed vakalatnama on March 21, 2024.

"We are not inclined to grant him further time," the bench said.

The High Court, in its order, said it would be unjustified to modify the condition of the bail permitting the appellant to take part in political activities as he himself faced 57 criminal cases and faced murderous attack by a bomb in October, 2023.

[Read Order]