The Calcutta High Court granted interim bail to Congress candidate Milan Pradhan in six 2007 cases, allowing him to campaign for the Nandigram bypoll scheduled for October 6, as the court emphasized compliance with election laws and procedural fairness.
Bail Decision and Legal Context
The Calcutta High Court on Tuesday granted interim bail to Milan Pradhan, the Congress candidate for the Nandigram bypoll, until October 21, allowing him to campaign in the election. Pradhan, arrested on September 18 in connection with six cases dating back to 2007, had been in judicial custody since his arrest. The court noted that the cases stemmed from the 2007 Nandigram agitation and that the state had not provided evidence linking Pradhan to offenses after 2007.
Justice Tirthankar Ghosh, who granted the bail, highlighted that Pradhan filed his nomination papers before his arrest and that the state failed to demonstrate his involvement in the alleged offenses. The court also referenced the Supreme Court’s ruling in the Arvind Kejriwal case, emphasizing a libertarian approach to election-related legal proceedings. Pradhan’s arrest followed a special drive by Kolkata Police to execute long-pending non-bailable warrants, as per the Election Commission of India’s instructions.
Charges and Police Justification
Pradhan faces charges including murder, attempt to murder, abduction with intent to murder, and rioting with arms, as outlined in multiple cases registered in 2007. Kolkata Police stated that Pradhan had evaded legal processes for 19 years, with non-execution reports submitted to courts over the years. The police emphasized that the arrest was a lawful step under the Election Commission’s standing instructions for executing warrants during elections.
However, the court questioned the timing of the arrest, noting that the cases were nearly 19 years old and that the police had ample time to act. A bench of justice Saugata Bhattacharyya had previously expressed surprise that the police arrested Pradhan in 2026 for 2007 cases, stating, It is surprising that even though the criminal prosecution is of 2007, the police made a prayer for treating the petitioner (Pradhan) as shown arrest before the court in 2026.
Political Reactions and Election Implications
The arrest and subsequent bail decision sparked political reactions. West Bengal Congress president Subhankar Sarkar questioned the timing of the arrest, alleging political motivation. The BJP denied interference, stating that the police action was lawful. Meanwhile, Mamata Banerjee’s support for Pradhan after her candidate withdrew added tension to the bypoll, with opposition leaders demanding unity against the ruling party.
The court dismissed a petition against her candidacy, allowing the bypoll to proceed. The Nandigram bypoll, scheduled for October 6, will see Pradhan campaign under the bail terms, with results to be declared on October 9.