In a recent ruling, the Supreme Court of India has reaffirmed the fundamental rights of politicians, emphasizing their right to participate in political activities even when facing criminal charges. The decision came in response to a case involving Odisha Bharatiya Janata Party (BJP) leader and former Berhampur mayor Siba Shankar Das.

The apex court bench, comprising Justices BR Gavai and Sandeep Mehta, set aside a bail condition imposed by the Orissa High Court, which prohibited Das from engaging in any political activities. The bench declared that such a condition would infringe upon Das's fundamental rights and consequently quashed the directive.

Das, who had a history with the Biju Janata Dal (BJD) party before joining the BJP, found himself entangled in several criminal cases after switching allegiances. When granted bail by the Orissa High Court in August 2022, one of the conditions set forth was that he refrain from participating in political activities, both directly and indirectly.

Unsatisfied with this restriction, Das sought recourse in the Supreme Court, contending that it violated his constitutional rights. The Court, in its order passed on March 22, upheld his argument, asserting that imposing such conditions would encroach upon his rights and, therefore, were deemed invalid.

Advocate Suresh Chandra Tripathy represented Das in the legal proceedings, advocating for the restoration of his political freedoms. On the opposing side, Advocates Som Raj Choudhury, Shrutee Aradhana, and Prashant Kumar appeared for the Odisha government.

This ruling echoes a similar stance taken by the Supreme Court in a previous case involving former Andhra Pradesh Chief Minister N Chandrababu Naidu. In that instance, the Court overturned a directive from the Andhra Pradesh High Court, which had barred Naidu from participating in public rallies and meetings as a condition for his release on bail in the skill development program case.

Case: SIBA SHANKAR DAS @ PINTU vs. THE STATE OF ODISHA & ANR. ETC,

CRIMINAL APPEAL NOS. OF 2024 (Arising out of SLP(Crl.) Nos. 2523-2527 of 2024).

Click here to read/download order.