Kolkata, Sep 25 A Calcutta High Court division bench on Friday set aside a single-bench order granting relief to the Congress’ Nandigram bypoll candidate Milan Pradhan 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 Pradhan 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 division bench observed that the law is the same for everyone and there cannot be different considerations for a person contesting an election.
With the single-bench order set aside, Pradhan’s judicial remand till October 7, granted by Contai’s additional chief judicial magistrate court, will remain in effect.
The division bench said the petitioner can file a fresh bail petition, and the court was open to hearing it even on a holiday, if required.
The Nandigram bypoll is scheduled for October 6, with campaigning ending on October 4.
The West Bengal government appealed against the single bench order before the division bench, claiming that there was no infirmity in the ‘shown arrest’ order, the warrant for which was sent to the jail authority, where Pradhan is lodged, on September 19.
On Thursday, Justice Saugata Bhattacharyya directed police not to take any steps against Pradhan till October 12 in connection with Case No. 45 of 2007 at Khejuri police station in Purba Medinipur district.
The court had also ordered that he not be treated as arrested in the case.
“It is surprising to note that the criminal prosecution is of 2007 and the investigating officer made a prayer for treating the petitioner as ‘shown arrest’ on September 19,” Justice Bhattacharyya had observed.
The Purba Medinipur district police arrested Pradhan on September 18, and he was subsequently shown arrested in connection with the Khejuri police station case. The Contai court on September 23 remanded him to judicial custody till October 7.
Pradhan faces multiple charges, including that of murder and attempt to murder, in the 2007 case linked to the anti-land acquisition movement in Nandigram.
Several criminal cases were registered against him in 2007 at Nandigram and Khejuri police stations in Purba Medinipur district.
While hearing Pradhan’s plea seeking protection from coercive action in six other cases registered against him, the state informed the high court on September 22 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.
(PTI News)
