Courts Can’t Stop People from Engaging in Political Activities as Condition of Bail: SC

The Supreme Court said that requiring a politician to abstain from engaging in political activities as a condition for granting bail would violate fundamental rights.

New Delhi:The Supreme Court set aside a bail condition imposed by the Orissa High Court on a man that he shall not be involved either directly or indirectly in any political activity. The apex court passed the order on a plea by one Siba Shankar Das. He moved the apex court challenging an order passed by the High Court. Das was elected as the Mayor of Berhampur Municipal Corporation.

A bench of Justices BR Gavai and Sandeep Mehta noted that Das has challenged the order dated January 18, 2024, passed by the High Court of Orissa at Cuttack, vide which the application filed by the present appellant for withdrawal of the condition in the order dated August 11, 2022, came to be rejected. The condition was that 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 imposed this condition while ordering his release on bail.

The apex court, in the order passed on March 22, said: “We find that the imposition of such conditions 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”, said the apex court, allowing the appeal. The petitioner’s counsel had argued before the High Court that being a political person, he should be permitted to take part in political activities because of the Lok Sabha slated later this year.