The Supreme Court on Monday deferred the West Bengal government’s challenge to the interim bail granted to Congress candidate Milan Pradhan, who is contesting the Nandigram Assembly by-election, after Justice Joymalya Bagchi recused himself from the matter citing a conflict of interest. The case has now been posted for hearing on October 7, a day after polling in Nandigram.
A three-judge Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing the state government’s challenge to the Calcutta High Court order granting Pradhan interim bail in six criminal cases linked to the 2007 Nandigram land agitation.
Justice Bagchi told the Bench that he had represented some of the parties involved in the underlying cases during his years as a lawyer and, therefore, recused himself from hearing the matter.
CJI: ‘Let him contest and conclude elections peacefully’
Solicitor General Tushar Mehta, appearing for the West Bengal government, sought the court’s intervention against the interim bail. He pointed out that non-bailable warrants against Pradhan dated back to 2007 and argued that they had not been executed.
According to the Solicitor General, the warrants came to light only after Pradhan filed his nomination for the Nandigram by-election. He alleged that Pradhan had been “protected” by the administration.
The CJI questioned the delay in executing the warrants and said, “Then action should be taken against those police officers. There should be accountability of system. Suddenly when someone wants to contest elections…”
The Chief Justice subsequently told the Solicitor General, “Let him contest and conclude elections peacefully.”
The state nevertheless sought an early hearing, arguing that the election was scheduled for October 6 and that the challenge could become infructuous thereafter. The Bench, however, listed the matter for October 7 following Justice Bagchi’s recusal.
Singhvi: State wants a ‘pound of flesh’
Senior Advocate Abhishek Manu Singhvi, appearing for Milan Pradhan, opposed the state government’s challenge.
Singhvi argued that the cases originated from the 2007 Nandigram agitation and that Pradhan had been granted interim bail only for 21 days to enable him to contest the election.
He told the court that the state was seeking a “pound of flesh” immediately before the election, while stressing that the underlying cases were nearly two decades old.
The Calcutta High Court had granted Pradhan three weeks' interim bail on September 29, allowing him to campaign and contest the October 6 by-election. He was directed to surrender before the Haldia court on October 21.
Background to the bail dispute
Pradhan was arrested on September 18, shortly after the Trinamool Congress announced its support for his candidature in Nandigram after its own candidate withdrew from the contest.
He faces six cases arising from the 2007 Nandigram agitation — five registered in Nandigram and one in neighbouring Khejuri. Four of the cases involve murder charges.
While granting interim bail, the Calcutta High Court noted that Pradhan was not in custody when he filed his nomination and that the state had not placed material before it showing that he had been wanted in connection with an offence after 2007. The court also noted that the cases dated back nearly 19 years.
The Supreme Court has not yet adjudicated the state government's challenge to the interim bail. With the matter now listed for October 7, the hearing will take place after polling in the Nandigram by-election.
