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Bail Condition Restricting Political Activities Infringes Fundamental Rights, Unenforceable: Supreme Court of India

In a recent case titled 'Siba Shankar Das @ Pintu vs State of Odisha & Anr., the Supreme Court has ruled that imposing a condition requiring a politician to refrain from engaging in political activities as a prerequisite for bail would violate fundamental rights.


A bench consisting of Justices BR Gavai and Sandeep Mehta overturned a bail condition set by the Orissa High Court, which barred a politician from participating in political activities.


The Supreme Court emphasized that such a condition would encroach upon the appellant's fundamental rights and should not have been enforced. Consequently, the court nullified and removed the condition imposed by the High Court. The petitioner, Siba Shankar Das, who is a leader of the Odisha Bharatiya Janata Party (BJP) and a former mayor of Berhampur, had been facing multiple criminal cases subsequent to his switch from the Biju Janata Dal (BJD).


The appellant Siba Shankar Das had challenged the order dated 18th January, 2024 passed by the High Court of Orissa at Cuttack. The condition that was sought to be withdrawn was:

"(iv) The appellant shall not create any untoward situation in public and shall not be involved in any political activities, directly or indirectly.”


Click below to read the order:

Supreme Court of India Order Dated March 22, 2024 in Siba Shankar Das vs The State of Odis
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Chambers of Harsh Dahiya

Chambers of Harsh Dahiya is an esteemed legal practice chamber specialising in both criminal and civil litigation, founded by Advocate Harsh Singh Dahiya, who is a distinguished practitioner at the Supreme Court of India. Our dedicated team comprises accomplished legal professionals, renowned for their exceptional academic backgrounds and extensive professional expertise.


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