Kolkata: The Calcutta High Court on Thursday reiterated that arrested Congress candidate Milan Pradhan be allowed to contest the Nandigram byelection 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.
Bypoll in Nandigram is scheduled for October 6, with campaigning ending on October 4.
Taking up Pradhan's lawyer's plea 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 Saugata Bhattacharyya noted that no document was produced by the state to show that a production warrant was served upon Pradhan.
Justice Bhattacharyya directed the concerned police authorities not to take any steps against Pradhan till October 12 in connection with case number 45 of 2007 at Khejuri police station in Purba Medinipur district, 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," the court observed.
Justice Bhattacharyya verbally told the additional advocate general Rajdeep Majumdar to allow Pradhan to contest.
Justice Bhattacharyya had on September 22 also verbally asked the West Bengal government's counsel to let the Congress candidate to contest the byelection in Nandigram properly provided he gets bail in five criminal cases in which he has been arrested.
The court noted that Pradhan was shown arrested after September 22 in the Khejuri police station case.
Hearing the plea by Pradhan's counsel Ayan Bhattacharjee, the court questioned why, after the passing order by this court on September 22 wherein the state submitted that there were five criminal cases pending against him, he was arraigned on another case.
Several criminal cases were registered against Pradhan in 2007 at Nandigram and Khejuri police stations in Purba Medinipur district.
While hearing an application filed by Pradhan seeking protection from coercive action in six other cases registered against him, the Calcutta High Court was on September 22 informed by the state that five of them were withdrawn by the previous government and he was not wanted in the sixth case.
The High Court was also informed that Pradhan was arrested and sent to judicial remand in connection with the other five criminal cases.
Justice Bhattacharyya said that when submission was made by the state that he was not wanted in any other case, he should not be tagged in any other case.
Pradhan's lawyer Ayan Bhattacharjee stated that he was unaware of case number 45 of 2007 at Khejuri police station and, as such, it was not brought to the notice of the court on September 22.
The Additional AG stated that on September 19, the Contai ACJM court issued a production warrant against Pradhan in connection with the Khejuri PS case, where he has been charged with murder, attempt to murder and other sections of the IPC.
Majumdar stated that the previous government had, in 2020, withdrawn all the six cases in which Pradhan was arrested, but on a PIL, the high court had in 2021 ordered reinstatement of these cases since these were related to murder charges.
Justice Bhattacharyya asked the Additional AG what the investigating officer was doing till now if the arrest warrant was pending.
The Additional AG said the previous government did not act on the cases.
Pradhan has already filed bail application in four criminal cases against him.
Bhattacharjee stated that despite the state government maintaining before this court that there were no more case other than the 11 cases, he was shown arrested and produced before the court below seeking custody in another case.
Bhattacharjee stated that the prosecution did not disclose to the High Court about the production warrant in connection with the Khejuri PS case.
He prayed that the court pass an order that the state will not take steps against the Congress candidate in any other case.
The cases against Pradhan stem from the violent agitation against land acquisition by the then Left Front government in Nandigram and Khejuri in 2007.
Police said the pending cases include allegations of murder, attempt to murder, abduction with intent to murder, disappearance of evidence, house trespass, rioting with arms and offences under the Arms Act.
Pradhan's arrest on September 18 came just hours after Mamata Banerjee announced that her faction of the Trinamool Congress would support the Congress candidate in Nandigram, after its nominee Sanchita Pradhan De withdrew from the contest.
