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HC asks WB to let Congress Nandigram candidate contest if bailed

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SOURCE :- SIASAT NEWS

Kolkata: The Calcutta High Court on Tuesday, September 22, asked the West Bengal government’s counsel that the Congress’ Nandigram bypoll candidate Milan Pradhan be allowed to contest properly, provided he gets bail in five criminal cases in which he has been arrested.

Pradhan was sent to judicial custody on Saturday by the Haldia Sub-Divisional Court till October 3 in four pending non-bailable arrest warrants linked to cases in Nandigram dating back to 2007. On Monday, the Contai court sent the Congress candidate to 14-day judicial custody, till October 5, in a case under the Arms Act registered nearly two decades ago.

Bypoll in Nandigram is slated for October 6. The campaign ends on October 4, and the counting of votes is scheduled for October 9.

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The Congress candidate’s counsel, Ayan Bhattacharjee, had said that he would challenge the Contai court’s order before the Calcutta High Court.

While hearing an application filed by Pradhan on Monday seeking protection from coercive action in six cases registered against him, the court was informed by the state that five of them were withdrawn by the previous government and he was not wanted in the other.

Candidate arrested after support from Mamata Banerjee led faction

Pradhan’s lawyer said that he was arrested on September 18 in connection with cases lodged during the anti-land acquisition movement in Nandigram in 2007, only after the Congress candidate received support from the Mamata Banerjee-led faction of the TMC for the bypoll.

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Justice Saugata Bhattacharyya verbally told Additional Advocate General Rajdeep Majumdar, representing the state, that Pradhan be allowed to contest the election properly, provided he gets bail.

The additional advocate general clarified before the court of Justice Bhattacharyya that there were 11 criminal cases against Pradhan. He submitted that Pradhan was not wanted in the six cases which were mentioned by his lawyer and for which he has sought protection from coercive police action.

Majumdar also said that out of these six cases, five were withdrawn by the previous government and that in another case registered in the Nandigram police station, Pradhan is not an accused.

Justice Bhattacharyya held that in such circumstances, no order needs to be passed in the six criminal prosecutions for which protection was sought, and directed that the matter be listed before it for further consideration on October 12.

Presenting his argument, Pradhan’s lawyer stated that he is not seeking relief in connection with five cases in which he has already been arrested.

On the other hand, Majumdar said that Pradhan was arrested pursuant to a warrant issued by a lower court in connection with a 2007 criminal case and that the warrants had been pending since 2021. He also said that whenever an election is conducted in an area, it is the duty of the police authority concerned, in accordance with an Election Commission guideline, to execute all arrest warrants before the polls.

The additional advocate general stated that apart from Pradhan, other accused against whom warrants were pending in the case were also arrested.

Pradhan’s lawyer also sought a disclosure by the police as to whether any other criminal case is registered against him apart from the 11 cases.

The orders by the two lower courts effectively ended Pradhan’s opportunity to canvass for himself, unless he can secure bail.

By-election announced after Suvendu vacates seat

Chief Minister Suvendu Adhikari won the Nandigram seat, which has had a special place in the political scenario of West Bengal starting from the Mamata Banerjee-led anti-land acquisition movement aided by Adhikari in 2007 that had a major role in the fall of the Left Front government in 2011, in the 2026 assembly election.

Adhikari vacated Nandigram as he also won from Bhabanipur in Kolkata, following which the Election Commission announced a by-election to the seat.

SOURCE : SIASAT