Calcutta HC Division Bench withdraws interim protection for Congress' Nandigram bypoll candidate Milan Pradhan

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Calcutta HC Division Bench withdraws interim protection for Congress' Nandigram bypoll candidate Milan Pradhan

Synopsis

The Calcutta High Court's Division Bench has swiftly undone a single-judge order protecting Congress's Nandigram bypoll candidate Milan Pradhan from fresh arrest — leaving him in judicial custody in two cases just days before the 6 October poll. The episode lays bare the fragile legal footing of the Opposition's unity bid in West Bengal, brokered hours before Pradhan's arrest.

Key Takeaways

A Calcutta HC Division Bench on 25 September 2026 withdrew interim protection from coercive police action granted to Congress candidate Milan Pradhan for the Nandigram bypoll .
Milan Pradhan is in judicial custody in two separate cases — a 2007 murder case (till October 3 ) and a second case (till October 5 ).
The Division Bench, led by Chief Justice Ravindra Vithalrao Ghuge , reversed a Thursday order by a single-judge bench of Justice Saugata Bhattacharyya .
The Chief Justice observed that electoral candidature confers no special legal status: 'Everyone is equal in the eyes of the law.' Pradhan was arrested on 18 September , hours after former CM Mamata Banerjee's faction announced support for him in Nandigram.
The Nandigram and Rejinagar bypolls are scheduled for 6 October , with results on 9 October .

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.

Point of View

The Chief Justice has signalled that electoral expediency cannot be used to carve out procedural shortcuts. The deeper irony is political: Pradhan's arrest came within hours of Mamata Banerjee's public endorsement, raising questions about whether state police action was coincidental or calibrated — a dimension the courts have not yet addressed. With the bypoll on 6 October and Pradhan in custody till at least October 5, the Congress-TMC unity experiment in Nandigram now faces its first and perhaps most critical test on the ground, not just in court.
NationPress
25 Sept 2026

Frequently Asked Questions

Why did the Calcutta HC Division Bench withdraw Milan Pradhan's interim protection?
The Division Bench, comprising Chief Justice Ravindra Vithalrao Ghuge and Justice Om Narayan Rai, withdrew the protection after the West Bengal government challenged a Thursday single-judge order on legal grounds. Chief Justice Ghuge questioned under which provisions the single-judge bench had granted the relief and noted that electoral candidature does not place anyone above the law.
What cases is Milan Pradhan currently facing?
Milan Pradhan is in judicial custody in two cases. In a 2007 murder case, a district court remanded him to custody until 3 October. In a second case, he is in custody until 5 October — just one day before the Nandigram bypoll on 6 October.
When is the Nandigram bypoll and what is the result date?
The bypoll for Nandigram Assembly Constituency in East Midnapore, West Bengal, is scheduled for 6 October 2026, with results to be declared on 9 October 2026. The Rejinagar Assembly constituency bypoll is also being held on the same day.
Why was Milan Pradhan arrested in the first place?
Pradhan was arrested on the evening of 18 September 2026, hours after former West Bengal Chief Minister Mamata Banerjee announced her TMC faction's support for him in Nandigram. The proximity of the arrest to Banerjee's announcement has drawn political attention, though the cases against him predate the bypoll cycle.
What is the political significance of the Nandigram bypoll?
Nandigram is politically significant as the constituency where Mamata Banerjee herself won in 2021 before losing to BJP's Suvendu Adhikari. The decision by her TMC faction to back the Congress candidate — after its own candidate withdrew — is being seen as a renewed Opposition unity move following the Congress's poor showing in West Bengal's earlier Assembly elections this year.
Nation Press
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