Court Allows Contesting Candidate's Interim Release with Conditions Amidst 19-Year-Old Nandigram Movement Cases
In a significant development, the Calcutta High Court, under the judgment of Justice Tirthankar Ghosh, has granted interim bail to Milan Pradhan, a political activist associated with the historic Nandigram land movement of 2007. The bail allows Pradhan to contest the upcoming elections after he was arrested following the filing of his nomination papers. This decision comes amidst a backdrop of 19-year-old criminal cases linked to the Nandigram and Khejuri Police Stations.
The arrest, which took place post-nomination filing, presented a unique situation distinct from other precedents where candidates were already in custody before entering the electoral fray. The court emphasized the need for a holistic approach to enable Pradhan to participate in the democratic process, citing the peculiar facts and circumstances of the case.
Pradhan, a member of the Indian National Congress, was arrested in connection with cases arising from the 2007 anti-land acquisition movement in Nandigram, a movement that had seen significant agitation against government land policies. The court noted that the police had ample opportunity over the years to execute the process against Pradhan, yet chose to act only after his nomination filing.
In granting interim bail, the court imposed strict conditions. Pradhan is required to furnish a bond of Rs. 20,000 with two sureties of Rs. 10,000 each, including one local surety. He must provide his mobile phone number to the Officer-in-Charge of the Nandigram Police Station, who is authorized to make twice-daily calls to verify his whereabouts. The interim bail is valid for three weeks until October 20, 2026, with Pradhan expected to surrender before the jurisdictional court on October 21, 2026.
This judgment reflects the court's careful consideration of electoral rights and judicial precedents, including comparisons to cases involving notable public figures like Arvind Kejriwal, where a holistic view was deemed necessary in election-related custody matters. The judgment underscores the balance between legal proceedings and the democratic process, ensuring that candidates can participate in elections while adhering to legal stipulations.
Bottom Line :
Interim bail - Candidate arrested after filing nomination papers in 19-year-old criminal cases arising out of Nandigram movement - Distinct factual situation from cases where accused were already in custody before filing nomination - Holistic approach warranted to enable contesting election - Interim bail granted for limited period with strict conditions.
Statutory provision(s): Section 321 of the Code of Criminal Procedure
