Calcutta High Court pulls up State for arresting Nandigram Congress candidate in yet another 2007 case

The Calcutta High Court on Thursday expressed surprise at the arrest of Congress candidate Milan Pradhan on September 19 in connection with a yet another criminal case connected to the 2007 Nandigram land acquisition protests, the sixth such case in which Pradhan has been arrested [Milan Pradhan v. State of West Bengal]..Justice Saugata Bhattacharya had earlier been informed of five criminal cases from 2007 in which Pradhan was arrested, weeks before the Nandigram bypolls in which he is contesting with the backing of the Mamata Banerjee-led TMC faction. Pradhan had approached the Court earlier this week seeking details on all such criminal cases and seeking protection till the bypolls are over. By this time, he had already been arrested in five cases and remanded to judicial custody in connection with them till October 3. The High Court on September 22 recorded the State's assurance that Pradhan will not be arrested in any further criminal case from 2007. As such, the Court expressed that there was no need to issue any directions for interim protection, while adjourning Pradhan's plea till October 12. .However, Pradhan's counsel, Senior Advocate Ayan Bhattacharya, told the Court today that after its September 22 order, a trial court on September 23 remanded the Congress candidate to judicial custody till October 7 in yet another criminal case from 2007.Bhattacharya argued that this sixth case was neither disclosed to Pradhan nor was any production warrant served upon him in connection with the same.Additional Advocate General (AAG) Rajdeep Mazumdar countered that Pradhan was already arrested in this case by September 19, before the September 22 High Court hearing. He contended that a production warrant has also been pending in the matter since 2021. "The erstwhile dispensation had withdrawn all six cases in 2020. An application was filed for withdrawal. All were murder cases. A PIL was filed. A Division Bench held that these cases cannot be withdrawn; they were reinstated in 2021 and warrants for arrest were issued. These warrants have been pending," he said "If warrants were issued in 2021, what investigation officer was doing up to September 18?" the judge asked. "Exactly, this was the question for me also. The previous dispensation (Mamata Banerjee-led TMC regime) wanted to withdraw these cases," the AAG replied. He also pointed out that these cases were flagged by the Election Commission as is usually done with respect to electoral candidates, ahead of the upcoming bypolls. "When High Court passed an order (based on the State's assurance) that no other cases are pending, passed on submission by none other than AAG, you have to show respect, if any other cases are pending like the one surfaced today, don't take any steps," the Court went on to remark. "Apart from these six cases, we are not going to take any steps," AAG Mazumdar assured. .Senior Advocate Bhattacharya, however, maintained that Pradhan's arrest in the sixth case (registered by the Khejuri Police) as brazen violation of the State assurances recorded by the Court on September 22. He urged the Court to grant Pradhan protection till the bypolls are over. The Court proceeded to direct the police not to take any coercive steps in connection with the sixth case till October 12. It added that Pradhan must not be treated as arrested in this case. "Court does not find any document wherefrom it can be concluded that production warrant in connection with (the Khejuri case) was served upon petitioner at material point of time. Therefore, the contention of State respondents regarding the execution of the production warrant is negated at this stage. Relevant police authorities are directed not to take any steps against the petitioner till October 12 in connection with the (Khejuri case). Petitioner shall not be treated as arrested in the said criminal prosecution," the Court ordered. .The Court went on to add,"It is surprising to note herein that said criminal prosecution is of 2007, and the investigating officer made a prayer for treating the petitioner as 'shown arrest' before the court below on September 19 (2026).".The matter will be heard next on October 12..The criminal cases against Milan Pradhan concern his participation in protests from 2007 against land acquisition in Nandigram. The cases involve allegations of rioting and murder. He was arrested on September 18 by the West Bengal police citing four pending non-bailable warrants against him. Later, he came to know of a fifth case in which he was shown to be arrested. He was remanded in these cases till October 3 and is presently in judicial custody.In a writ petition, Pradhan has questioned the timing of his arrest in cases from nearly two decades ago. He pointed out that his arrest came hours after former Chief Minister Mamata Banerjee backed him as a candidate for the Nandigram bypolls, which is slated to be held on October 6. The plea sought the registration of a criminal case against cops who allegedly flouted procedural safeguards while arresting Pradhan, a disclosure of pending cases in which the police may seek to arrest Pradhan in future, and directives to protect him from arrest until the Nandigram bypolls are over..The Nandigram bypolls are scheduled to start on October 6. They were necessitated after Bharatiya Janata Party (BJP) leader and incumbent West Bengal Chief Minister Suvendhu Adhikari vacated his seat in Nandigram, which he won alongside the Bhabanipur constituency seat in the State Assembly elections. Adhikari chose to retain the Bhabhinapur seat and vacate the Nandigram seat.