2024 (5) TMI 610 - SCH - Indian Laws

Breach of fundamental rights or not - Seeking withdrawal of condition that appellant shall not create any untoward situation in public and shall not be involved in any political activities, directly or indirectly - HELD THAT - The imposition of such condition would breach the fundamental rights of the appellant and no such conditions could have been imposed - the condition imposed by the High Court is quashed and set aside - appeal allowed.

Summary

Issues involved: Challenge to order of High Court rejecting application for withdrawal of condition, imposition of condition breaching fundamental rights.

Summary:

The Supreme Court granted leave in the case where the respondent sought further time but was denied as the notice was delivered and vakalatnama filed within the specified period. The appellant challenged the High Court order rejecting the application for withdrawal of a condition prohibiting involvement in political activities. The Court found that such a condition would violate the fundamental rights of the appellant and hence quashed and set it aside. Consequently, the appeals were allowed and pending applications were disposed of.