The Calcutta High Court has granted three weeks’ interim bail to Congress’ Nandigram by-poll candidate Milan Pradhan, till October 21, observing that he was arrested only after filing his nomination papers and that the cases against him arose from the 2007 Nandigram agitation.
Justice Tirthankar Ghosh passed the order while hearing Pradhan’s plea seeking interim bail to enable him to contest and campaign in the Nandigram Assembly by-poll scheduled for October 6.
The Court noted that Pradhan was not in custody when he filed his nomination papers and was arrested thereafter. It further observed that the State had not placed any material before the Court to show that Pradhan was wanted in connection with any offence after 2007.
The Court also took note of the fact that the incidents forming the basis of the cases had been investigated by the Central Bureau of Investigation (CBI). It observed that Pradhan was a political activist who had participated in the 2007 agitation and continued to remain politically active.
The Court further pointed out that in none of the cases relied upon by the State had the accused been arrested after filing nomination papers. It observed that the police had sufficient time to execute the warrants in cases that were nearly 19 years old.
Taking into account the approaching elections, the Court also referred to the Supreme Court’s judgment concerning former Delhi Chief Minister Arvind Kejriwal and adopted a holistic approach while considering Pradhan’s request for interim relief.
The Court accordingly held that Pradhan should be given an opportunity to contest the election and directed that he be released on interim bail for three weeks, till October 21.
Senior Advocate Milan Mukherjee appeared for Pradhan, while Additional Advocate General Rajdeep Majumdar represented the State.
The bail plea followed an earlier order of a Division Bench headed by Chief Justice RV Ghuge, which had set aside protection granted to Pradhan by a Single Bench in connection with the 2007 cases and directed him to approach the appropriate court in accordance with law.
The Division Bench had questioned the earlier protection and observed that Pradhan could seek bail through the regular legal process. Pradhan subsequently approached the bail court seeking interim relief in view of the upcoming Nandigram by-poll.
During the earlier bail hearing, the State had opposed the plea, submitting that the cases involved allegations of murder and that coercive processes, including warrants, had been issued. The State had also expressed apprehension that Pradhan could influence witnesses.
Pradhan’s counsel, however, argued that he had been arrested after announcing his candidature and that the State had not placed material demonstrating his involvement in the alleged offences. Counsel also highlighted the age of the cases and relied upon the Supreme Court’s judgment concerning Kejriwal.
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