Back
SUPREME COURT OF INDIA
B.R. GAVAI, SANDEEP MEHTA, JJ.
Siba Shankar Das @ Pintu – Appellant
Versus
State of Odisha and Another – Respondent
Criminal Appeal Nos. of 2024 (Arising out of SLP(Crl.) Nos. 2523-2527 of 2024)
Decided on : 22-03-2024
Fundamental Rights - Imposition of Condition - Quashing of Condition
Fact of the Case:
The appellant challenged the order passed by the High Court rejecting the application for withdrawal of a condition that prohibited the appellant from creating untoward situations in public and being involved in any political activities.
Finding of the Court:
The court found that the imposition of such condition would breach the fundamental rights of the appellant and therefore quashed and set aside the condition imposed by the High Court.
Issues: Imposition of condition breaching fundamental rights
Ratio Decidendi: Imposition of conditions that breach fundamental rights is impermissible.
Final Decision: The appeals were allowed, and the condition imposed by the High Court was quashed and set aside.
ORDER
1. Leave granted.
2. Mr. Som Raj Choudhary, learned counsel appearing for the respondent-State seeks further time on the ground that the notice was delivered to him on 13th March, 2024 and he has also filed vakalatnama on 21st March, 2024. We, therefore, not inclined to grant him further time.
3. The appellant has challenged the order dated 18th January, 2024 passed by the High Court of Orissa at Cuttack, vide which the application filed by the present appellant for withdrawal of the condition in order dated 11th August, 2022 came to be rejected. The condition which is sought to be withdrawn is thus:
4. We find that the imposition of such condition would breach the fundamental rights of the appellant and no such conditions could have been imposed.
5. We, therefore, quash and set aside the condition imposed by the High Court, to the extent the same is extracted above.
6. Accordingly, the appeals are allowed.
7. Pending applications, if any, stand disposed of.
Imposition of conditions breaching fundamental rights is impermissible.
The right to withdraw a suit is absolute unless restricted by law, and a significant delay in seeking recall of such withdrawal must be justified with a bona fide explanation.
A petitioner must first seek modification of bail conditions from the court of original jurisdiction before invoking the High Court's inherent jurisdiction under Section 482 of the Code of Criminal P....
Bail conditions restricting fundamental rights like the right to reside in one's home must satisfy tests of reasonableness, proportionality, and necessity; such conditions cannot be used to shift the....
Regularization of services for daily wage employees requires strict adherence to eligibility criteria established by statutory rules; prolonged service without eligibility does not confer a right to ....
Conditions imposed for convict leave that restrict the fundamental right of residency without specific justification and interfere with the ability of co-convicts to avail leave are unreasonable and ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
