Restriction of political activities as condition for bail violates fundamental rights, says SC

The Supreme Court said on Friday that directing an individual to refrain from participating in political activities as a condition for granting them bail is a violation of their fundamental rights.

A bench of Justices BR Gavai and Sandeep Mehta made the observation while overturning a bail condition imposed by the Orissa High Court that had prohibited Bharatiya Janata Party leader and former Berhampur Mayor Siba Shankar Das from engaging in political activities.

Das, who switched from the state’s ruling Biju Janata Dal to the BJP, has several criminal cases against him. He had moved the top court in 2022 after the Orissa High Court directed him to abstain from political or any other “untoward activity” in public, Live Law reported.

On March 22, the Supreme Court said: “We find that the imposition of such condition would breach the fundamental rights of the appellant and no such conditions could have been imposed.”

The bench then set aside the bail condition by the High Court.