In a recent ruling, the Supreme Court declared that imposing restrictions on political activities as a condition for granting bail violates fundamental rights. This judgment was delivered in the case of Siba Shankar Das vs State of Odisha and another.
A bench comprising Justices BR Gavai and Sandeep Mehta overturned a bail condition set by the Orissa High Court, which forbade a politician from participating in political activities.
The court stressed that such a condition would encroach upon the fundamental rights of the petitioner. Consequently, the Supreme Court annulled the condition imposed by the High Court, asserting, “We find that the imposition of such a 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, to the extent the same is extracted above. Accordingly, the appeals are allowed,” in an order issued on March 22.
The petitioner, Siba Shankar Das, a leader of the Bharatiya Janata Party (BJP) in Odisha and former Berhampur mayor, had previously been associated with the Biju Janata Dal (BJD). He faced multiple criminal cases after switching parties.
Das approached the Supreme Court after the Orissa High Court, while granting him bail in August 2022, directed him to refrain from causing any disturbances in public and from engaging in political activities, whether directly or indirectly.
Advocate Suresh Chandra Tripathy represented the accused, while Advocates Som Raj Choudhury, Shrutee Aradhana, and Prashant Kumar represented the Odisha government.
This verdict aligns with a previous decision by the Supreme Court in November, where it lifted a directive by the Andhra Pradesh High Court that barred former Chief Minister N Chandrababu Naidu from participating in public rallies and meetings as a condition for his release on bail in a case related to a skill development program.
