The Calcutta High Court has set aside an earlier order that provided temporary protection to Congress candidate Milan Pradhan in connection with a criminal case dating back to 2007. The development comes shortly before the Nandigram Assembly bypoll, which is scheduled to take place on October 6, 2026.
A division bench headed by Chief Justice Ravindra Vithalrao Ghuge and comprising Justice Om Narayan Rai overturned the order passed by a single judge on the previous day. The division bench held that criminal law does not provide for the type of interim protection that had been granted to Pradhan in the case.
The court directed Pradhan to pursue the regular legal remedy available to an accused person, including seeking bail after arrest. The bench also observed that the legal process cannot be different simply because an accused is contesting an election.
The case relates to an incident registered in 2007 at Khejuri Police Station in Purba Medinipur district during the anti-land acquisition movement in Nandigram. Reports state that Pradhan faces charges in several cases connected with events from that period. The cases include serious allegations such as murder and attempt to murder. The allegations remain subject to the judicial process and should not be treated as established guilt unless proved in court.
Pradhan was arrested by Purba Medinipur district police on September 18, 2026, in connection with old criminal cases. He was subsequently shown as arrested in additional cases connected with the 2007 incidents.
A lower court in Contai later remanded Pradhan to judicial custody until October 7 in connection with the Khejuri case. This date is one day after the scheduled Nandigram bypoll.
The timing of the court proceedings has become important because Pradhan is the Congress candidate for the Nandigram Assembly bypoll. The election is scheduled for October 6, while campaigning is scheduled to end on October 4. Counting of votes is scheduled for October 9.
The legal dispute intensified after Pradhan's lawyers approached the Calcutta High Court seeking protection in connection with several criminal cases. On Thursday, a single bench headed by Justice Saugata Bhattacharyya had directed the police not to take further coercive steps against Pradhan in the particular Khejuri case until October 12.
The single bench had also directed that Pradhan should not be treated as arrested in that particular case. The order raised questions about why a case registered in 2007 had resulted in Pradhan being shown as arrested only in 2026. The state subsequently challenged the single-bench order before the division bench.
The division bench considered the state's challenge on Friday and set aside the protection granted by the single judge. The bench questioned the legal basis for granting such protection when Pradhan was already in judicial custody.
The court said that an accused who has already been arrested has the option of seeking regular bail. It also noted that a person who apprehends arrest can approach the court for anticipatory bail, subject to the applicable legal provisions.
The court's decision means that Pradhan's judicial remand in the Khejuri case remains in effect until October 7, unless a competent court passes a different order on his bail application.
The development has created a legal challenge for the Congress candidate because the Nandigram election is scheduled for October 6. However, being in judicial custody does not by itself determine whether a person is legally eligible to contest an election. The question of his custody and the question of his candidature are separate legal issues.
Earlier proceedings had also considered Pradhan's requests for protection in several other cases. During those proceedings, the West Bengal government told the High Court that five of the cases had been withdrawn by the previous government and that Pradhan was not wanted in another case. His lawyers subsequently raised concerns after he was shown as arrested in another old case.
The matter has involved proceedings before more than one bench of the Calcutta High Court. According to reports, bail petitions concerning several cases are also pending consideration. The High Court has indicated that hearings in the remaining cases would continue, with further proceedings expected in the coming days.
The Nandigram bypoll has attracted considerable political attention because the constituency has previously been a major political battleground in West Bengal. The current legal proceedings involving the Congress candidate have therefore taken place during an important stage of the election campaign.
Pradhan's nomination and subsequent arrest have also become part of the political debate surrounding the bypoll. The Trinamool Congress faction led by Mamata Banerjee had withdrawn its own candidate from the contest and announced support for Pradhan, according to reports. His arrest followed shortly afterwards.
The legal proceedings, however, are separate from political claims surrounding the election. The High Court is dealing with questions concerning criminal cases, custody and the appropriate legal remedy available to the accused.
The division bench's latest ruling specifically concerns the interim protection granted in the 2007 Khejuri case. It does not amount to a final determination of Pradhan's guilt or innocence in that case.
The court has also made clear that an election candidate is required to follow the same criminal legal procedure applicable to other accused persons. The division bench's decision therefore requires Pradhan to seek relief through the regular bail process rather than relying on the temporary protection granted by the single bench.
The immediate issue for Pradhan is now whether he can obtain bail before the polling date. His lawyers are expected to pursue the appropriate legal remedies in the coming hearings. Reports indicate that bail proceedings in other cases are also scheduled to continue.
The timing is particularly significant because campaigning for the Nandigram bypoll is scheduled to end on October 4. Voting is scheduled for October 6, while Pradhan's present judicial custody order extends until October 7.
The High Court's latest order therefore adds another stage to the ongoing legal proceedings surrounding the Congress candidate. The division bench has not decided the criminal allegations against Pradhan through this order. Instead, it has ruled on the legal nature of the interim protection granted by the single bench.
The case will continue through the regular judicial process, including consideration of bail applications in the relevant cases. Any future order concerning his custody could have practical consequences for his ability to participate in the remaining stages of the election campaign.
For now, the division bench's decision means that the earlier protection has been withdrawn and Pradhan remains subject to the judicial custody order passed by the lower court. His current remand in the Khejuri case is scheduled to continue until October 7, while the Nandigram bypoll is scheduled for October 6.
The developments will be closely watched as the election approaches, particularly because the legal proceedings and election schedule are taking place within the same short period. Further court orders on Pradhan's bail applications will determine his immediate legal position.
