Bibhash Lodh, BS News Agency: The legal complications surrounding Nandigram Congress candidate Milan Pradhan have increased further. The protection given by a single bench of the Calcutta High Court was rejected on Friday by Chief Justice Ravindra V Ghuge and a division bench of Justice Om Narayan Rai. As a result, the protection that Milan had received from arrest in a new case no longer exists. The court has made it clear that he will have to apply for bail if necessary, not by avoiding legal process.
On Thursday, a single bench of Justice Saugata Bhattacharya ordered that Milan Pradhan not be arrested in a new case for the time being. It was also ordered that the police should not take any strict action against him in that case. The order was valid until October 12. The state government quickly went to the division bench against this decision of the single bench.
In the hearing of the case on Friday, the state said that there was already an arrest warrant in the case in which Milan was arrested. He was arrested on the basis of that warrant. The state also said that he was not shown arrested again in an additional case.
Additional Advocate General of the state Rajdeep Majumdar said that arrest warrants had been issued in some of the old cases against Milan since 2021. No effective action was taken in them for a long time because the previous government had taken the initiative to withdraw the cases. The state also claimed that those warrants are currently being implemented in compliance with the instructions of the Election Commission. On the other hand, Milan's lawyer Ayan Bhattacharya told the court that his client filed his nomination for the Nandigram by-election on September 15. He alleged that the situation started changing after that. The arrest in the old case came to light after receiving the support of a political party on September 18. He also claimed that this action just a few days before the elections had created problems in Milan's election campaign. That is why the protection application was filed in the new case, the lawyer said.
However, the division bench observed that no one can give special benefits outside the law to a candidate in the election. The court said that as a candidate, he may have the right to contest the election, but the normal process of criminal law cannot be stopped for that reason. If bail is needed, that legal route will have to be followed. It was also said that the court can sit and hear urgent applications even on holidays if necessary. The case originated from multiple cases during the Nandigram land movement in 2007. There are old cases against Milan on charges such as murder, attempt to murder, looting and illegal assembly. He was arrested in a case on September 18. Later, legal tensions started over showing him arrested in several other cases.
Meanwhile, the by-election is scheduled to be held in Nandigram on October 6. As a result, the candidate's arrest and the subsequent court hearing have also become politically important. Although Milan has raised allegations of political motives, the state has denied it and has announced that it will execute the warrant in the old case.
After the division bench's decision on Friday, the legal avenue of bail is now open to Milan Pradhan. As a result, much of the future depends on how and how quickly he goes through that process.