Law same for all: Court quashes relief granted to Congress' Nandigram candidate
The Calcutta High Court on Friday set aside a single-bench order that had granted protection from coercive action to Congress’ Nandigram bypoll candidate Milan Pradhan in a criminal case dating back to 2007.
The division bench held that criminal law does not provide for such interim protection for an accused and said Pradhan could seek bail after arrest or anticipatory bail if he was arrested.
The division bench, headed by Chief Justice Ravindra Vithalrao Ghuge and comprising Justice Om Narayan Rai, overturned Thursday’s order directing police not to take action against Pradhan in the case until October 12.
The court observed that the law applies equally to everyone and there cannot be a separate consideration merely because a person is contesting an election.
The case dates back to the 2007 anti-land acquisition movement in Nandigram and was registered at Khejuri Police Station in Purba Medinipur district. Pradhan faces charges including murder and attempt to murder in connection with the case.
Pradhan was arrested by Purba Medinipur police on September 18 in connection with several old cases linked to the Nandigram agitation. He was subsequently shown arrested in the Khejuri case and produced before the Contai Additional Chief Judicial Magistrate court.
On September 23, the Contai court remanded him to judicial custody until October 7 in the Khejuri case.
The development came ahead of the Nandigram Assembly bypoll scheduled for October 6. Campaigning for the election is scheduled to end on October 4.SINGLE BENCH HAD GRANTED PROTECTION
On Thursday, Justice Saugata Bhattacharyya had directed police not to take any further steps against Pradhan in connection with the Khejuri case until October 12. The order also directed that he should not be treated as arrested in the case.
The single bench had questioned why proceedings in a criminal case registered in 2007 had resulted in a request to show Pradhan as arrested only in September 2026. The state subsequently challenged the order before the division bench.
The state had told the High Court that a production warrant in the case had been issued. The single bench had noted that the material placed before it did not establish that the warrant had been served on Pradhan at the relevant time.MULTIPLE CASES FROM NANDIGRAM AGITATION
Pradhan faces several criminal cases dating back to the Nandigram land acquisition agitation.
Police had earlier said the cases include charges relating to murder, attempt to murder, abduction, disappearance of evidence, house trespass and rioting with arms and deadly weapons.
His arrest came shortly after the Trinamool Congress faction led by former West Bengal Chief Minister Mamata Banerjee announced its support for Pradhan in the October 6 bypoll after withdrawing its own candidate.
The Congress candidate had subsequently approached the High Court seeking protection from coercive action in multiple cases.
During earlier proceedings, the state informed the court that five of the cases had been withdrawn by the previous government and that Pradhan was not wanted in another case.
With the division bench now setting aside the single-bench protection, the judicial remand granted by the Contai court in the Khejuri case until October 7 remains in effect.- Ends
