Calcutta HC tells state "let him contest" in Congress Nandigram candidate's plea

The Calcutta High Court on Tuesday, September 22, orally told the West Bengal government to "let him contest, provided he gets bail," while hearing a plea by Congress's Nandigram by-poll candidate Milan Pradhan seeking protection from coercive action in cases pending against him.

Pradhan was arrested on September 18 pursuant to pending warrants in cases arising from the 2007 Nandigram anti-land acquisition movement, and has since been shown arrested in four more cases, involving allegations including murder, attempt to murder, abduction with intent to murder, causing disappearance of evidence, house trespass and rioting with deadly weapons. He is currently in judicial custody and has sought bail separately in these matters.

Hearing the plea, Justice Saugata Bhattacharyya recorded the state's submission that of 11 total cases against Pradhan, five had already been closed and he was not an accused in a sixth, leaving the five in which he has been arrested.

Senior Advocate Ayan Bhattacharjee, appearing for Pradhan, argued that the timing of the warrants' execution, in cases dating back to 2007, called for scrutiny, especially with the Nandigram by-poll scheduled for October 6, campaigning ending October 4, and counting set for October 9. Calling the situation a "textbook example of subversion of democracy," Bhattacharjee said Pradhan feared further coercive action in the remaining cases and urged the court to direct disclosure of any other pending proceedings against him. He pointed out that in one case, a warrant dating back to 2007 was executed only on September 18, just as Pradhan became the opposition's candidate for the seat.

Additional Advocate General Rajdeep Majumdar, appearing for the state, said police were required to execute pending warrants ahead of elections as a matter of standard process, and that Pradhan was not the only person arrested in these cases, with others named in the same matters also taken into custody.

The court observed that all the cases dated back to 2007 and directed that no steps be taken against Pradhan until October 9. It declined the state's request to dispose of the matter and listed it for further hearing on October 12.