Kolkata, Sep 24 (PTI) Two benches of the Calcutta High Court, hearing separate petitions, on Thursday expressed the view that arrested Congress candidate for Nandigram bypoll Milan Pradhan should be allowed to contest the October 6 election.
Hearing a bail application by Pradhan in four cases in which he is incarcerated, Justice Tirthankar Ghosh expressed the view that he should be allowed to contest the election.
Another bench of Justice Saugata Bhattacharyya also expressed a similar opinion regarding Pradhan’s candidature in the Nandigram by-election, verbally observing that he be permitted to contest.
Pradhan was arrested on September 18 in connection with 19-year-old criminal cases lodged at Nandigram and Khejuri police stations pertaining to the violent agitation during the anti-land acquisition movement in 2007.
Justice Tirthankar Ghosh directed the West Bengal government to produce the case diaries in connection with the four cases for which Pradhan has prayed for bail.
During the hearing, Justice Ghosh expressed the view that the Congress candidate should be allowed to contest the election.
The court asked the government to clarify its position on the matter during further hearing on the bail applications on Friday.
Bypoll in Nandigram is scheduled for October 6, with campaigning ending on October 4.
Earlier in the day, in connection with another petition by Pradhan before his court, Justice Saugata Bhattacharyya also stated that he should be allowed to contest the by-election at Nandigram.
Justice Bhattacharyya had on September 22 also expressed the same opinion during the hearing of the matter before him.
The four cases in which Pradhan sought bail were registered against him in 2007. In one case, he was arrested on September 18. He was later ‘shown arrested’ by the police in three other cases, and was remanded to judicial custody till October 3 and October 5 by courts at Haldia and Contai, respectively.
In a fifth case lodged at Khejuri police station in 2007, his shown arrest and subsequent judicial remand by the Contai court were negated by Justice Bhattacharyya.
The high court on Thursday held that Pradhan would not be treated as arrested in the case for which a lower court had sent him to judicial remand until October 7.
Taking up the plea of Pradhan’s lawyer that he was shown arrested and remanded to judicial custody till October 7 in a 2007 criminal case other than the 11 cases mentioned before the high court on September 22, Justice Bhattacharyya noted that no document was produced by the state to show that a production warrant of the case was served upon Pradhan.
Justice Bhattacharyya directed the police authorities concerned not to take any steps against Pradhan till October 12 in connection with a case of 2007 at Khejuri police station, and that he would not be treated as arrested in the said criminal prosecution.
“It is surprising to note that the said criminal prosecution is of 2007, and the investigating officer made a prayer for treating the petitioner as ‘shown arrest’ on September 19, 2026,” the court observed. PTI AMR NN
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