Supreme Court: In an appeal challenging order passed by the Orissa High Court on 18-01-2024 rejecting appellant’s application seeking withdrawal of a condition restricting the appellant from participating in political activities, the Division Bench of BR Gavai and Sandeep Mehta, JJ. found the said condition to breach his fundamental rights and accordingly quashed the same.
The said condition in sought to be withdrawn by the appellant read as:
“(iv) The appellant shall not create any untoward situation in public and shall not be involved in any political activities, directly or indirectly.”
The Court found the imposition of conditions restricting involvement in political activities would breach the fundamental rights of the appellant, and that no such conditions could have been imposed.
Therefore, the Court quashed and set aside the condition imposed by the High Court, limiting the instant order to restriction on involvement in political activities.
[Siba Shankar Das v. State of Odisha, 2024 SCC OnLine SC 410, Order dated 22-03-2024]
Advocates who appeared in this case :
For Petitioner: Advocate on Record Suresh Chandra Tripathy
For Respondent: Advocate on Record Som Raj Choudhury, Advocate Shrutee Aradhana, Advocate Prashant Kumar