Imposing Ban on Politician’s Political Activities as Bail Condition Violates Fundamental Rights: SC

The Supreme Court recently noted that imposing a ban on a politician’s participation in political activities as a condition for granting bail would constitute a violation of fundamental rights.

A bench comprising Justices BR Gavai and Sandeep Mehta overturned a bail condition imposed by the Orissa High Court, specifically the restriction prohibiting a politician from engaging in political activities.

In its ruling, the bench stated, “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. Accordingly, the appeals are allowed.”

The apex court’s decision was in response to a petition filed by Odisha Bharatiya Janata Party (BJP) leader and former Berhampur mayor Siba Shankar Das. Das, who was previously associated with the Biju Janata Dal (BJD) party, faced criminal cases allegedly filed against him after switching parties.

Das, elected as Mayor of Berhampur Municipal Corporation, contested the Orissa High Court’s decision on January 18, 2024, which denied his request to withdraw the condition imposed on his bail order dated August 11, 2022.

Under the August 11, 2022, bail order, the High Court directed Das not to instigate any untoward situations in public and refrain from direct or indirect involvement in political activities.

On January 24, the High Court justified its decision not to modify the bail condition, citing Das’s involvement in 57 criminal cases and a bomb attack targeting him in October 2023.