Supreme Court: Bail Condition Restricting Political Activities Violates Fundamental Rights

• Supreme Court: Bail Condition Restricting Political Activities Violates Fundamental Rights
• admin
• 27 Mar, 2024

In a significant legal development, the Supreme Court of India has recently rendered a verdict in Criminal Appeal of 2024, arising out of SLP (Crl.) of 2024, concerning the appellant Siba Shankar Das @ Pintu versus The State of Odisha & Anr. Etc.

The case revolved around the imposition of restrictive conditions on the appellant’s political engagements by the High Court of Orissa at Cuttack.The appellant had contested an order dated 18th January 2024, issued by the High Court of Orissa, which denied the appellant’s application for the withdrawal of a condition imposed on 11th August 2022. This condition prohibited the appellant from engaging in any political activities, directly or indirectly, and from causing any public unrest. The appellant challenged the validity of this condition, asserting that it infringed upon his fundamental rights.

Upon hearing the arguments, the bench, comprising Justices B.R. Gavai and Sandeep Mehta, granted leave and addressed the matter. The Court noted that the respondent-State’s counsel had requested additional time, citing a delayed notice delivery.

However, the Court declined the request, affirming its decision to proceed with the case. In delivering the verdict, the bench remarked, “The imposition of such conditions would breach the fundamental rights of the appellant and no such conditions could have been imposed.”

The Court further elaborated that restrictions on political activities amounted to an infringement of constitutional liberties, necessitating their annulment.

Consequently, the Supreme Court quashed the condition imposed by the High Court, specifically nullifying the prohibition on the appellant’s engagement in political affairs. By doing so, the Court upheld the appellant’s fundamental rights enshrined in the Constitution of India.

Case Name: SIBA SHANKAR DAS @ PINTU Vs. THE STATE OF ODISHA & ANR. ETC.

Case No.: CRIMINAL APPEAL NOS. OF 2024

(Arising out of SLP (Crl.) Nos. 2523-2527 of 2024)

 Bench: Justice B.R. Gavai and Sandeep Mehta

Order dated: 22.03.2024

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