Calcutta HC division bench sets aside order protecting Congress candidate in Nandigram by-poll

A division bench of the Calcutta high court on Friday set aside an order of the single bench which had ordered that the Congress’ candidate for the upcoming by-election in Nandigram on October 6 should not be treated as arrested in a 2007 case.

The division bench, headed by chief justice Ravindra Vithalrao Ghuge, expressed surprise at the protection granted to Milan Pradhan, the arrested candidate, by a single-judge bench on Thursday.

“The division bench has set aside the single bench’s order. The single bench, while observing that Pradhan be allowed to campaign and contest the by-poll, had ordered that he should be not treated as arrested in a case registered in Khejuri police station in 2007, as it was not flagged during the last hearing on September 22,” said Ajitesh Pandey, advocate representing Pradhan.

The court also directed the state police not to take any coercive steps against Pradhan in the particular case till October 12.

The Calcutta high court had said on Thursday that Pradhan be allowed to contest the Nandigram bypoll properly, while holding that he would not be treated as arrested in a case for which he was sent to judicial remand by a lower court till October 7.

Milan Pradhan, the candidate, was arrested on September 18 in connection with a 2007 murder case and later shown as arrested in five other cases, all registered in the same year. Earlier this week, two lower courts at Contai and Haldia in East Midnapore sent him to judicial custody till October 7. With the by-election scheduled on October 6, Pradhan will not be able to campaign if he is denied bail. To be sure, arrest and judicial custody do not disqualify Pradhan from contesting the bypoll.

He moved the Calcutta high court seeking bail so that he may campaign for the by-election scheduled on October 6.

The bail petitions in four murder cases registered at Nandigram police station in 2007 were heard by a bench of justice Tirthankar Ghosh on Friday. The court is likely to hear the matter again on Monday.