Supreme Court: Restraining people from political activities can’t be bail condition

Satya Prakash

New Delhi, March 26

Holding that bail conditions restraining an accused from participating in political activities violate his/her fundamental rights, the Supreme Court has quashed such a bail condition imposed on a man by the Orissa High Court.

The order came on a petition filed by Berhampur Municipal Corporation mayor and BJP leader Siba Shankar Das challenging the January 18, 2024, HC order rejecting his plea for withdrawal of the bail condition imposed on him on August 11, 2022.

“The appellant shall not create any untoward situation in public and shall not be involved in any political activities, directly or indirectly,” the high court had ordered, while granting him bail. However, the top court disapproved of such a bail condition.

“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 HC, to the extent the same is extracted above,” a Bench led by Justice BR Gavai said, allowing the appeal filed by Das.

His counsel had argued that the appellant, being a political person, be permitted to take part in political activities in view of the ensuing General Election. But the State of Orissa counsel had opposed it, saying after being released on bail, a murderous attempt was made on him.