Bail condition limiting political involvement violates rights, says SC

The Supreme Court said judges should not order accused persons to surrender their right to be politically active in return for bail.

A threejudge Bench led by Justice B.R. Gavai, in a recent order, said to compel a person to stay away from politics by making his or her bail conditional on that is a plain violation of fundamental rights.

The apex court clarified the point in a petition filed by a former Mayor of Berhampur Municipal Corporation. The man in question, Siba Shankar Das, was granted bail in a criminal case in 2022. One of the grounds laid down by the Orissa High Court was that he should “not create any untoward situation in public or be involved in any political activities, directly or indirectly”.

Mr. Das had moved the High Court to modify this bail condition, saying he wanted to participate in the political activities ahead of the Lok Sabha polls. In January, the High Court refused his plea. Following this, he moved the apex court.

HC decision quashed

“We find that the imposition of such a condition would breach the fundamental rights of the appellant [Das] and no such conditions could have been imposed. We, therefore, quash and set aside the condition imposed by the High Court,” the threejudge Bench headed by Justice Gavai held.

The High Court, in January, had declined to modify the bail condition on the ground that Mr. Das’s involvement in politics was a danger to himself. The Court recounted instances when death came dangerously close to him.

“He [Das] is always under a life threat and lifting of the condition, at this juncture, shall in all probability put the administration to enough difficulties,” the Court had reasoned.

The State government had argued that not only were murderous attempts made on Mr. Das, but he had himself been involved in new cases. The State had alleged that he was involved in 57 cases.