Calcutta HC Division Bench withdraws interim protection for Congress' Nandigram bypoll candidate Milan Pradhan
Synopsis
Key Takeaways
A Division Bench of the Calcutta High Court on Friday, 25 September 2026, withdrew the interim protection from coercive police action — including arrest in any new case — that had been granted to Milan Pradhan, the Indian National Congress (INC) candidate for the upcoming bypoll to the Nandigram Assembly Constituency in East Midnapore district, West Bengal. The bench comprising Chief Justice Ravindra Vithalrao Ghuge and Justice Om Narayan Rai reversed an order passed just a day earlier by a single-judge bench of the same court.
Pradhan's Current Legal Status
Milan Pradhan is presently in judicial custody in two separate cases following orders of district courts in West Bengal. In a 2007 murder case, he was remanded to judicial custody until October 3. In a second case, a court sent him to jail until October 5. On Thursday, a single-judge bench of Justice Saugata Bhattacharyya had ruled that, barring these two existing cases, the state police would be barred from registering any new case against Pradhan or arresting him in any fresh matter until October 12.
How the Division Bench Responded
The West Bengal government moved swiftly against the single-judge order, approaching the Division Bench almost immediately after it was pronounced on Thursday. When the matter came up before the Division Bench on Friday, the court withdrew the interim protection in its entirety. Chief Justice Ghuge questioned the legal basis on which the single-judge bench had granted the relief, specifically asking under which provisions the protection had been extended. The Chief Justice also raised the procedural question of why Pradhan had sought interim protection rather than applying for anticipatory bail — the conventional legal remedy in such circumstances.
Court's Remarks on Equality Before Law
The Chief Justice made pointed observations about the limits of electoral candidature as a legal shield. He noted that while Milan Pradhan had every right to contest the elections, that right could not come at the cost of violating the law. 'Everyone is equal in the eyes of the law. There is no distinction between VIPs and common people,' Chief Justice Ghuge observed, underscoring that contestant status conferred no special legal standing.
Political Background: Arrest and Opposition Unity
Pradhan was arrested on the evening of 18 September, hours after former West Bengal Chief Minister Mamata Banerjee announced that her faction of the All India Trinamool Congress (TMC) would back the Congress candidate in Nandigram. That announcement followed a dramatic move by Banerjee's faction candidate, Sanchita Dey Pradhan, who withdrew her nomination from the constituency. The developments were widely seen as a fresh push toward Opposition unity in the state, coming in the wake of the Congress's rout in the West Bengal Assembly elections held earlier this year.
Bypoll Schedule and What Comes Next
The bypolls for both Nandigram and Rejinagar Assembly constituencies are scheduled for 6 October, with results to be declared on 9 October. With Pradhan now in judicial custody in two cases until at least October 5 — the day before polling — his ability to campaign actively remains severely constrained. The legal battles surrounding his candidature are likely to remain a flashpoint in the lead-up to the bypoll, with the Opposition's unity gambit now riding on an uncertain judicial and electoral terrain.