The Supreme Court on Wednesday declined West Bengal’s request for an urgent hearing against the Calcutta High Court’s order granting interim bail to Congress candidate Milan Pradhan in connection with six criminal cases arising from the 2007 Nandigram violence.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana indicated that it was not inclined to entertain the State’s challenge and said that the matter would be taken up on Monday, October 5.
Solicitor General Tushar Mehta, appearing for the State, sought urgent listing of the plea, pointing out that Pradhan had been granted interim bail in a case involving an allegation of murder and that the Nandigram Assembly by-election is scheduled for October 6.
“He is in a Section 302 case (murder). He has been granted bail for election,” Mehta submitted while seeking that the matter be heard before the election.
The Chief Justice, however, declined to list the matter for Thursday, citing the Court’s already crowded board.
During the exchange, CJI Surya Kant indicated that the Bench was likely to dismiss the State’s challenge when it was taken up. When the Solicitor General pressed for an urgent hearing, the Chief Justice said, “We can assure we will dismiss it, but will dismiss on Monday.”
The matter was accordingly directed to be taken up on October 5.
The West Bengal Government’s challenge arises from the Calcutta High Court’s September 29 order granting Pradhan interim bail in six cases registered in connection with incidents during the 2007
anti-land acquisition agitation. Justice Tirthankar Ghosh granted him interim relief to enable him to participate in the electoral process and campaign for the October 6 by-election.
The High Court had taken note of the fact that Pradhan was arrested after filing his nomination papers, despite the criminal cases dating back nearly two decades. The Court observed that the State had had opportunities to execute the arrest processes in the cases but had not placed material showing that Pradhan had been actively wanted in connection with them after 2007.
Pradhan was arrested on September 18 in connection with the old cases and was subsequently shown as arrested in multiple matters. The cases include allegations relating to murder, rioting and other offences arising from the Nandigram agitation. The State had opposed his release, citing the seriousness of the allegations.
While granting interim bail, the Calcutta High Court also referred to the circumstances surrounding the Nandigram movement and Pradhan’s political participation. It permitted him to remain out of custody for the limited period connected with the by-election, subject to bail conditions.
The High Court’s order directed Pradhan to surrender before the trial court after the period of interim bail. Reports of the order indicate that the relief extends into October, with the matter to be considered again thereafter.
The Nandigram by-election has been necessitated by the vacancy created after BJP leader and West Bengal Chief Minister Suvendu Adhikari chose to retain the Bhabanipur Assembly seat, having won both constituencies in the State elections. The bypoll is scheduled for October 6.
The Supreme Court’s proceedings on October 5 will determine the fate of the State’s challenge to the interim bail order. Until then, the Calcutta High Court’s relief to Pradhan remains operative, enabling him to participate in the electoral process.
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