One Shouldn't Feel That He Was Unfairly Denied Opportunity To Contest: Apex Court Refuses To Interfere With Interim Bail To Congress Candidate Milan Pradhan

The Supreme Court has declined to interfere with the Calcutta High Court's order granting interim bail till October 20 to Congress candidate Milan Pradhan in connection with multiple 2007 Nandigram movement cases involving murder and attempt to murder charges.

The Court agreed to hear the matter after Solicitor General Tushar Mehta mentioned the petition before the Bench.

It was observed that the primary objective of the High Court’s order was to enable the respondent to contest the upcoming Nandigram assembly bypoll and participate in the counting of votes on October 9.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana ordered, "We are informed that counting of votes will take place on 9th October, 2026. Even though the list of cases registered against the respondent indicates certain serious offenses, however, the object of the impugned order of the High Court is to enable the respondent to contest the election to contest the election and also to participate in the counting of votes. The interim bail is only till 20th October, and the respondent has been directed to surrender on 21st October, 2026. In such circumstances, however, we do not deem it necessary to interfere with the impugned order. However, in case the respondent applies for extension of interim bail or seeks his enlargement on regular bail, all the contentions raised before us shall be available to the State, and the same shall be considered by the High Court in accordance with law."

Solicitor General Tushar Mehta appeared for the State of West Bengal

The Calcutta High Court on September 29 granted interim bail to Pradhan till October 20, allowing him to campaign for the October 6 bypoll to the Nandigram seat, vacated by Chief Minister Suvendu Adhikari, who has opted to retain Bhabanipur, which he had also won in the state polls earlier this year. It directed Pradhan to surrender before the trial court on October 21.

Mehta submitted, "All these non-bailable warrants were issued in 2007–2008...They moved applications under Section 321, that 'we want to withdraw from this notification,' which were allowed, and the High Court quashed it. I'm just explaining the delay taht why they were not arrested till they filed a nomination form, and the government of the day now came to know about it."

Mehta added, "The arrest took place recently, not because of the election or because he was a candidate. He was not arrested since 2007 because the State was protecting him...When we come to know that in 2007 this man is facing non-bailable warrants, not arrested, it's our obligation, not that we can, but we should; we must."

Chief Justice Kant said, "After 2007, what is the criminal track record?...Because Nandigram violence or Nandigram movement had at that time, unfortunate incident that led to very disastrous consequences for the State...We are not saying that this gravity of offence, the non-bailable warrants, all these factors should be ignored. But High Court, for the on account of the peculiar situation, should not feel that he has been unfairly denied an opportunity to contest the election. Only for that purpose, the entire purpose of the order is altogether different."

The High Court had also directed Pradhan to deposit Rs 20,000 bail bond in each of the six criminal cases for which he was arrested.

All these criminal cases on charges such as murder and attempt to murder, and for violation of the Arms Act provisions, were filed against Pradhan in 2007 during the Nandigram anti-land acquisition movement.

Campaigning for the bypoll ends on October 4, and the counting of votes will be held on October 9.

Pradhan was in judicial remand since his arrest on September 18 in connection with four cases registered at Nandigram police station and two more in neighbouring Khejuri.

The High Court had in April 2007 ordered a CBI investigation into the death of 14 people in police firing at Nandigram.

Pradhan's lawyer had stated before the High Court that the Congress candidate was arrested after filing his nomination for the Nandigram bypoll on September 15. He had prayed for interim bail so that Pradhan could campaign and participate in the election properly.

The trial court at Kanthi had remanded him to judicial custody in one of the cases till October 7.

Cause Title: The State of West Bengal v. Milan Pradhan [SLP(Crl) No. 18996/2026]