Baronpolitical activities as bail condition is rights violation, says SC

Quashes bail condition imposed by Orissa HC on BJP leader Siba Shankar Das

RESTRAINING SOMEONE from taking part in political activities as a condition precedent for bail would be violative of their fundamental rights, the Supreme Court ruled.

A bench of Justices B R Gavai and Sandeep Mehta said this in its March 22 order while quashing a condition imposed by the Orissa High Court, which said “the appellant shall not create any untoward situation in public and shall not be involved in any political activities, directly or indirectly”

The HC had imposed the condition in its August 11, 2022 order while granting bail to Odisha BJP leader Siba Shankar Das. A former mayor of Berhampur, Das had joined the BJP after quitting the Biju Janata Dal (BJD).

Appealing to the HC against the August 11, 2022 order, Das's counsel prayed that his client, being a political person who was earlier elected as Mayor of the Berhampur Municipal Corporation, may be permitted to take part in political activities in view of the ensuing elections.

The state government opposed the request and said that Das after being released on bail was involved in new cases and a murder attempt was made on him. A police inspector filed an objection certificate, which said that two new cases were registered at the Gosaninuagaon police station on October 1, 2023 and October 24, 2023 against Das. The police also registered an FIR on Das’s complaint that he was attacked by some miscreants while he and his minor son were returning home and that he had escaped another attack on his life in January 2018.

“Hence, the petitioner is always under a life threat and lifting of the condition, as prayed for by the petitioner, at this juncture, shall in all probability put the administration to enough difficulties,” the state said while opposing his bail plea.

The High Court, while rejecting Das's plea against the bail conditions on January 17, 2024, said: “...he was involved in 57 cases earlier. Upon hearing both parties and considering present situation, as it remains a fact that he was not only involved in other cases but also murderous attempt was made upon him, it would be unjustified to modify the condition of the bail, permitting the appellant to take part in political activities... this court is not inclined to modify the condition as prayed for and the interim applications are rejected.”

Das then challenged the bail conditions before the SC, which quashed the HC order.