Can A Politician Out On Bail Take Part In Political Activities? Here's What Supreme Court Said

Last week, a bench of Justices BR Gavai and Sandeep Mehta while hearing the case of Siba Shankar Das set aside a bail condition imposed on him by the Orissa High Court. 

The top court ruled that a bar on political activities as a condition to grant bail would be a violation of fundamental rights.

The Supreme Court in a recent order held that a politician who is out on bail cannot be restrained from taking part in political activities. The top court ruled that a bar on political activities as a condition for granting bail would be a violation of fundamental rights.

Last week, a bench of Justices BR Gavai and Sandeep Mehta while hearing the case of Siba Shankar Das set aside a bail condition imposed on him by the Orissa High Court. 

"We find that the imposition of such a condition 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 bench ruled.

A former mayor from Behrampur, Siba Shankar Das is a BJP leader who was previously with Biju Janata Dal (BJD). Das has a number of criminal cases against him. Das was accused of grabbing land of Scheduled Castes and Scheduled Tribes in Ganjam district. He was also arrested for illegally possessing explosive materials. So far, more than 30 cases have been filed againt him including the charge of attempt to murder.

Das challenged an order dated January 18, 2024 passed by the High Court of Orissa at Cuttack, vide which the application filed by him seeking a withdrawal of the bail condition in order dated August 11, 2022 came to be rejected. 

"The appellant shall not create any untoward situation in public and shall not be involved in any political activities, directly or indirectly,” the court had ruled while granting the Odisha BJP leader bail.

Das had moved the top court after the high court rejected his plea against this order in January 2024.

Earlier, the apex court had quashed a high court order that barred the former Andhra Pradesh Chief Minister N Chandrababu Naidu from participation in public rallies and meetings while granting him bail.