The Supreme Court on Wednesday refused to interfere with the Calcutta High Court’s order granting interim bail to Congress candidate Milan Pradhan in six criminal cases to enable him to contest the Nandigram Assembly bypoll and participate in the counting process.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana clarified that it was not expressing any opinion on the merits of the cases and that the State would remain free to oppose any future plea by Pradhan seeking extension of bail or regular bail.
Noting that polling had concluded, the Supreme Court declined to interfere with the High Court’s judgment granting interim bail.
The Court noted that the cases involved serious allegations but observed that the purpose of the interim bail was to enable Pradhan to contest the election, participate in the counting scheduled for October 9 and surrender on October 21.
Closing the State’s appeal, the Supreme Court clarified that it expressed no opinion on the merits, leaving all arguments open for the government if the respondent applies for regular bail or an extension.
Pradhan was arrested last month in connection with six cases arising from the 2007 Nandigram violence, shortly after filing his nomination for the bypoll. He had challenged the timing of his arrest before the Calcutta High Court, pointing out that it came hours after Trinamool Congress leader Mamata Banerjee expressed support for his candidature.
The cases relate to the violence during the 2007 Nandigram land acquisition protests and include allegations of rioting and murder.
On September 29, the Calcutta High Court granted Pradhan interim bail, noting that the cases dated back to 2007 and that the State had had sufficient time to execute the arrest warrants. The West Bengal government subsequently approached the Supreme Court seeking cancellation of the bail.
Solicitor General Tushar Mehta, appearing for the State, denied that Pradhan’s arrest was politically motivated. He said the State became aware of the pending cases after Pradhan disclosed them in his election nomination papers and subsequently took action.
The Bench, however, noted that the bulk of the cases dated back to 2007.
Pointing out that much of the litigation stemmed from the Nandigram violence, CJI Kant questioned whether the candidate had any criminal track record following the 2007 incidents.
The Supreme Court ultimately declined to interfere with the High Court’s order and closed the State’s appeal.
The Nandigram bypoll was necessitated after BJP leader and West Bengal Chief Minister Suvendu Adhikari vacated the seat. Adhikari had won both Nandigram and Bhabanipur in the Assembly elections but retained Bhabanipur, resulting in the vacancy.
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