SC confirms bail conditions restricting participation in political process are a breach of fundamental rights

The Supreme Court in the Arvind Kejriwal case confirmed that bail conditions restricting a political leader from political activities and public rallies amount to a breach of fundamental rights.

The Supreme Court on Friday in the Arvind Kejriwal case confirmed that bail conditions restricting a political leader from political activities and public rallies amount to a breach of fundamental rights.

To reach this conclusion, a Bench of Justices Sanjiv Khanna and Dipankar Datta referred to the very judgments quoted by the Directorate of Enforcement (ED) against Mr. Kejriwal.

One of these judgments happened to concern former Andhra Pradesh Chief Minister Chandrababu Naidu’s case. In this case, the top court had deleted the bail condition restricting his political participation.

“A coordinate Bench (of the Supreme Court) by an interim order had deleted the condition restraining Mr. Naidu from organising or participating in public rallies and meetings, thereby permitting him to participate in the political process,” the Bench pointed out in the interim order on Friday. This petition seeking special leave to appeal is still pending.

The ED had earlier argued that Mr. Kejriwal should not be allowed interim bail because even the right to vote could be curtailed under Section 62 (5) of the Representation of the People Act, 1951. The Central agency had argued that there was no fundamental right to campaign in an election when one’s right to vote itself could be restricted.

However, the court found a loophole in the argument. “Interestingly, the proviso to Section 62(5) states that a person subjected to preventive detention can vote”. The court said there were several of its decisions which referred to the role of elections in a democracy as that of a barometer and the lifeline of the parliamentary system.