KOLKATA: The Congress-nominated candidate Milan Pradhan from Nandigram assembly constituency in West Bengal’s Purba Medinipur district for the upcoming bypoll scheduled on October 6 was not granted bail even on Friday.
Hearings in connection with bail petitions in four cases have been held in the Calcutta High Court, while the remaining two cases in which he has also appealed for bail are pending for hearings.
Justice Tirthankar Ghosh on Friday said hearings on bail petitions in connection with other cases would be held on Monday. The court would issue an order on Monday after completion of hearings on the two cases.
The High Court on Thursday asked the West Bengal government to allow Milan to contest the upcoming bypoll from the high-voltage Nandigram seat and directed the state police not to take any steps against him in a 2007 criminal case till October 12.
The court verbally asked the state to allow him to contest the Nandigram byelection. Justice Ghosh on Thursday observed, “Allow Milan Pradhan to contest the election. I am giving him an interim bail so that he can take part in the election. The remaining matter will depend on the case lying with the court.”
The next hearing of the case will be held at 4 am on Friday, he said. But Milan was not granted interim bail even on Friday.
Seeking his bail, Milan’s lawyers on Wednesday had moved the High Court. They urged the court, requesting its permission to file a petition and thereafter an urgent hearing for their client Milan Pradhan, who is a contestant for the Nandigram bypoll. The court allowed them to file a bail petition for him.
Justice Ghosh on Thursday made the observation asking the state government to allow the Congress candidate to contest the election.
On the other hand, a Calcutta High Court division bench on Friday set aside a single-bench order granting relief to the Congress candidate from coercive action in a 2007 criminal case, expressing surprise over the directive since he was in judicial custody in the matter. The division bench, led by Chief Justice Ravindra Vithalrao Ghuge, held that in criminal law, there was no provision for such interim protection for an accused. It said an accused can apply for anticipatory bail if he is apprehensive of arrest or can seek bail after being held.
The bench, also comprising Justice Om Narayan Rai, set aside Thursday's order directing police not to take any steps against Milan in the case till October 12 and expressed surprise that the single bench granted Pradhan relief from coercive police action when he was already in judicial custody in the matter.
The bench has asked the contestant to make a fresh appeal seeking bail.
Earlier, Milan had moved the court seeking protection in five other cases pending against him. Milan’s lawyer argued in the court that he should be given an opportunity to contest the election on October 6. Hearing of the petition was also held on Thursday in the bench of Justice Saugata Bhattacharyya.
On Thursday, Justice Bhattacharyya said Milan would not be treated as arrested in case number 45 of 2007 at Khejuri police station in Purba Medinipur district, in which a lower court had sent him to judicial remand till October 7.
The state moved the division bench challenging the single-bench order.
On September 18, Milan was arrested by police from Chandipur in the district in connection with his alleged link to a 19-year-old case from 2007. Police registered cases against him in Nandigram and Khejuri police stations respectively on charges of alleged murder, attempt to murder, loot and illegal gathering during agitation against land acquisition in Nandigram in 2007, when the Left Front government was in power in Bengal.
He was arrested in connection with two cases.
On Thursday, the court questioned why Milan had been shown arrested in another case after the state had told it that there were five pending criminal cases against him
