The Supreme Court has overturned a bail condition set by the Orissa High Court, stating that it would violate the individual's fundamental rights. The decision came in response to a plea filed by Siba Shankar Das, a former Mayor of Berhampur Municipal Corporation, challenging the January 18 ruling of the high court.
The Orissa High Court had denied Das's request to lift a bail condition imposed in August 2022, which prohibited him from participating in any political activities and from causing any public disturbances. Das contested this condition, arguing that it infringed upon his constitutional rights.
A bench comprising Justices B R Gavai and Sandeep Mehta of the Supreme Court deemed the condition unconstitutional, thus allowing Das to engage in political activities without restriction.
"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 apex court said in its March 22 order.
"We, therefore, quash and set aside the condition imposed by the high court, to the extent the same is extracted above," it said.
In his plea to the high court, Das sought a revision of the condition set forth in the August 11, 2022, order which accompanied his release on bail.
His legal representative argued before the high court that Das, being a political figure, should be allowed to engage in political activities, especially considering the upcoming general election.
However, the State opposed his request, citing a recent incident where Das faced a murder attempt shortly after his release on bail.
"Upon hearing both parties and considering the present situation, as it remains a fact that he was not only involved in other cases but also a murderous attempt was made upon him, it would be unjustified to modify the condition of the bail permitting the appellant to take part in political activities which would be in further deterrence of law and order situation in the locality involving the appellant," the high court had said.
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