Courts can’t stop people from engaging in political activities as condition of bail: SC
The Supreme Court has overturned a bail condition set by the Orissa High Court, which prohibited a man from participating in any political activities, stating that it infringes on his fundamental rights.
The decision was made by Justices B R Gavai and Sandeep Mehta in response to an appeal lodged by Siba Shankar Das, a former Mayor of Berhampur Municipal Corporation, against the high court’s order dated January 18.
The high court had dismissed his application seeking withdrawal of the bail condition which said that he “shall not create any untoward situation in public and shall not be involved in any political activities, directly or indirectly”.
The condition was imposed by the high court while ordering his release on bail in August 2022.
“We find that the imposition of such conditions would breach the fundamental rights of the appellant and no such conditions could have been imposed,” the apex court said in its March 22 order.
“We, therefore, quash and set aside the condition imposed by the high court, to the extent the same is extracted above,” it said.
Das had approached the high court seeking modification of the condition imposed by it in the August 11, 2022 order while directing his release on bail.
His counsel had told the high court that the appellant being a political person may be permitted to take part in political activities in view of the ensuing general election.
The State had objected to his prayer and said that after being released on bail, a murderous attempt was made on him.
“We find that the imposition of such conditions would breach the fundamental rights of the appellant and no such conditions could have been imposed,” the apex court said in its March 22 order
Das had approached the high court seeking modification of the condition imposed by it in the August 11, 2022 order while directing his release on bail
His counsel had told the high court that the appellant being a political person may be permitted to take part in political activities in view of the ensuing general election
“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 which would be in further deterrence of law and order situation in the locality involving the appellant,” the high court had said.