Calcutta High Court Permits Arrested Congress Candidate to Participate in Nandigram Bypoll

The CSR Journal Magazine

The Calcutta High Court has affirmed that Milan Pradhan, a Congress candidate facing arrest, should be allowed to compete in the Nandigram bypoll. The decision was reached on Thursday, as the court determined that he would not be classified as arrested concerning a 2007 case that had led to his judicial remand until October 7. The upcoming bypoll is set for October 6, with campaigning concluding on October 4.

The court’s discussion arose from a plea submitted by Pradhan’s attorney, who highlighted that his client had been detained in a separate 2007 criminal matter, in addition to the 11 cases previously presented to the court on September 22. Justice Saugata Bhattacharyya, presiding over the hearing, pointed out that the state had failed to provide any documentation verifying that a production warrant had been executed against Pradhan.

Justice Bhattacharyya instructed law enforcement officials not to take any measures against Pradhan until October 12 regarding case number 45 of 2007, registered at Khejuri police station in Purba Medinipur district. The judge remarked that it was unexpected to see a prosecution from 2007 leading to Pradhan’s recent treatment as ‘shown arrest’ on September 19.

Inquiry into Additional Criminal Cases

During the proceedings, Justice Bhattacharyya raised concerns regarding Pradhan’s involvement in another case that arose subsequent to the court’s earlier ruling on September 22, in which the state had indicated that five criminal cases were pending against him. Several allegations against Pradhan stem from incidents in 2007 connected to Nandigram and Khejuri police stations in Purba Medinipur district, leading to his current legal predicaments.

On September 22, the state communicated that five cases lodged against Pradhan had been withdrawn by the previous government and that he was not wanted regarding the sixth case. However, it was disclosed that he had been subsequently arrested and remanded in connection to five additional criminal allegations. The court maintained that since the state confirmed he was not wanted for further cases, any subsequent charges should not involve him.

Pradhan’s lawyer, Ayan Bhattacharjee, stated that he was unaware of case number 45 at Khejuri police station, which had not been raised during earlier court discussions. The Additional Advocate General, Rajdeep Majumdar, clarified that a production warrant against Pradhan had been issued on September 19 by the Contai ACJM court concerning the Khejuri case, which involved serious charges, including murder and attempted murder.

Background of Legal Troubles and Political Developments

The criminal cases pertaining to Milan Pradhan emerged from the violent protests opposing land acquisition that occurred in 2007, during the period of the Left Front government. Police records indicate that these pending cases include grave accusations such as murder, attempted murder, abduction with intent to murder, destruction of evidence, house trespass, armed rioting, and offences under the Arms Act.

Significantly, Pradhan was arrested on September 18, just hours after West Bengal Chief Minister Mamata Banerjee announced that her faction of the Trinamool Congress would support him following the withdrawal of their own candidate, Sanchita Pradhan De. This political backdrop may influence the wider implications surrounding Pradhan’s candidacy and ongoing legal battles.

Pradhan has moved to secure bail in four of the criminal cases against him. The complexity of his legal situation and the context of his detention illuminate the intricate interplay between politics and legal processes in West Bengal, particularly concerning the sensitive electoral environment.

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