The Supreme Court recently ruled in favor of Shiba Shankar Das, overturning a bail condition restricting his political activities. Das, a former mayor and BJP leader, challenged the constraint imposed by the Orissa High Court, emphasizing fundamental rights.
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NEW DELHI: Recently, The Supreme Court has made a significant ruling affecting the rights of individuals under bail conditions. The apex court’s judgment came in favor of Shiba Shankar Das, a prominent BJP leader and the former mayor of Berhampur Municipal Corporation, challenging the constraints imposed on his political engagement.
Shiba Shankar Das, also known as Pintu, found himself at the center of a legal battle following the Orissa High Court’s decision on January 18, 2024.
The High Court had dismissed Das’s plea to eliminate a particular bail condition set on August 11, 2022. This condition explicitly prohibited him from “creating any untoward situation in public and from being involved in any political activities directly or indirectly.”
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Challenging the High Court’s stance, Das appealed to the Supreme Court, arguing that such restrictions infringed upon his fundamental rights, as guaranteed under the Indian Constitution. The Supreme Court, led by Justice BR Gavai and Sandeep Mehta, delved into the matter, resulting in a verdict delivered on March 22.
The bench articulated its decision, stating:
“We find that the imposition of such a condition would contravene the appellant’s fundamental rights. Such conditions are deemed impermissible. Thus, we hereby invalidate and nullify the condition imposed by the High Court.”
This statement highlighted the court’s commitment to protecting the constitutional rights of individuals, emphasizing that involvement in political activities is a fundamental aspect of those rights.
The state’s counsel requested additional time to prepare, citing that the notice was only received on March 13, 2024, and that formal representation (vakalatnama) was filed on March 21, 2024.
However, the Supreme Court bench declined this request, stating:
“We are not inclined to grant him further time.”
The High Court had previously justified its decision by citing Das’s extensive legal history, which included 57 criminal cases and surviving a murderous bomb attack in October 2023. They contended that altering the bail condition to permit political involvement might be unwarranted given his background.
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However, the Supreme Court’s decision reminds us of the need to balance public safety with individual rights. By overturning the bail condition limiting Das’s political activities, the Supreme Court confirms that political engagement is a fundamental right that shouldn’t be restricted without strong justification, even as a condition of bail.
