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The Calcutta High Court has granted interim bail to Congress' Nandigram by-poll candidate Milan Pradhan for three weeks, till October 21, observing that he was taken into custody only after filing his nomination papers and that the cases against him stemmed 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 by-poll scheduled to be held on 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 produced any material to substantiate that Pradhan was wanted in connection with any offence after 2007.

The Court also noted that the entire incident 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 a political worker.

The Court further pointed out that in none of the cases relied upon by the State had a person been arrested after filing nomination papers.

It observed that the police had more than sufficient time to execute the warrants in cases which were nearly 19 years old.

The Court also considered the fact that the elections were approaching and relied upon the Supreme Court's judgment in the case concerning former Delhi Chief Minister Arvind Kejriwal while taking a holistic and libertarian view of the circumstances.

Accordingly, the Court held that Pradhan should be granted an opportunity to contest the election and ordered 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 came after a Division Bench led by Chief Justice RV Ghuge had earlier 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. Following this, Pradhan approached the bail court seeking interim relief in view of the upcoming Nandigram by-poll.

During the earlier bail hearing, the State had opposed interim bail, submitting that the cases involved allegations of murder and that coercive processes, including warrants, had been issued. The State had also raised apprehensions regarding the possibility of Pradhan influencing witnesses.

Pradhan's counsel, however, had argued that his client had been arrested after announcing his candidature and that the State had not placed material before the Court demonstrating his role in the alleged offences. The counsel had also highlighted the age of the cases and relied upon the Supreme Court's decision concerning Arvind Kejriwal.

The Nandigram Assembly by-poll is scheduled for October 6.

Case: Milan Pradhan v State of West Bengal

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