Supreme Court sets aside bail condition barring politicians from participating in political activities

The Supreme Court has set aside a bail condition imposed by the Orissa High Court to the extent that it barred a politician from participating in political activities, calling it violative of fundamental rights.

The Bench of Justice BR Gavai and Justice Sandeep Mehta last week observed that the imposition of such a condition breached the fundamental rights of the appellant and quashed a part of Odisha High Court verdict of August 2022.

The order was passed on a petition filed by Odisha Bharatiya Janata Party (BJP) leader and former Berhampur mayor Siba Shankar Das, who was earlier part of the Biju Janata Dal (BJD) party, and had several criminal cases registered against him.

The High Court had granted bail to the petitioner in August 2022 on the condition that the appellant should not create any untoward situation in public and should not be involved in any political activities, directly or indirectly.”

The appellant was represented by Advocate Suresh Chandra Tripathy. Advocates Som Raj Choudhury, Shrutee Aradhana and Prashant Kumar appeared for the Odisha government.

In November last year, the Apex Court had lifted a directive by the Andhra Pradesh High Court to former Chief Minister N Chandrababu Naidu not to take part in public rallies and meetings as a condition for his release on bail in the skill development programme case.

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