New Delhi, 07 October (H.S.): The Supreme Court on Wednesday declined to set aside the interim bail granted by the Calcutta High Court to Congress candidate Milan Pradhan, who is contesting the Nandigram Assembly by-election in West Bengal.

A Bench headed by Chief Justice of India Surya Kant said that if Pradhan moves an application seeking an extension of his interim bail, the West Bengal government would be at liberty to oppose it.

The development came after the West Bengal government challenged the Calcutta High Court’s decision to grant Pradhan interim bail to enable him to contest the Nandigram by-election. The Supreme Court had earlier, on September 30, declined to entertain an urgent hearing of the state police’s plea. The matter was subsequently taken up after the election schedule drew closer.

Solicitor General Tushar Mehta, appearing for the West Bengal government before the Chief Justice-led Bench, had argued that the High Court granted Pradhan interim bail specifically to enable him to participate in the election, whereas he should have been treated in the same manner as any other accused facing criminal proceedings.

The Calcutta High Court had granted Pradhan three weeks of interim bail on September 29, allowing him to contest and campaign in the Nandigram Assembly by-election. Justice Tirthankar Ghosh passed the order in connection with six criminal cases dating back to 2007.

Pradhan is the Congress candidate from Nandigram and has also received the support of the Trinamool Congress for the by-election. He was arrested after filing his nomination papers for the Nandigram seat in connection with cases linked to the violence during the 2007 anti-land acquisition movement.

While granting interim bail, the High Court noted that Pradhan had not been in custody when he filed his nomination and was arrested thereafter. The court also observed that the state had not produced material showing that he had been wanted in connection with the offences after 2007, despite the cases being nearly 19 years old.

The High Court directed Pradhan to furnish a bail bond of Rs 20,000 along with two sureties of Rs 10,000 each. His interim bail was ordered to remain in force until October 20, after which he is required to surrender before the jurisdictional court on October 21.

The cases against Pradhan relate to the Nandigram violence of 2007, when protests erupted over the proposed acquisition of agricultural land for a chemical hub. The criminal proceedings include serious charges, including murder and rioting, according to the court records.

The Supreme Court’s latest position leaves the Calcutta High Court’s interim bail order in place, allowing Pradhan to remain out on bail for the period specified by the High Court.

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Hindusthan Samachar / Jun Sarkar