Hearing West Bengal’s challenge to Milan Pradhan’s interim bail on the eve of the Nandigram bypoll, the Supreme Court told the State to let the Congress candidate contest, and adjourned the matter to October 7 after Justice Joymalya Bagchi recused himself.
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New Delhi: The Supreme Court on Monday adjourned the West Bengal government’s plea challenging the interim bail granted by the Calcutta High Court to Milan Pradhan, the Congress candidate in the Nandigram Assembly by-election, with the Chief Justice of India remarking that he should be allowed to contest and the elections concluded peacefully [State of West Bengal v. Milan Pradhan].
The matter was before a Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. Justice Bagchi recused, citing a conflict of interest, as he had represented some of the parties in the underlying case during his years in practice. The Bench listed the matter on October 7. The by-election is due on October 6.
The State’s case
Solicitor General Tushar Mehta, for the State, told the Court that certain facts he had gathered needed its attention. He submitted that non-bailable warrants had been issued against Pradhan as far back as 2007 but never executed, claimed that Pradhan had been “protected” by the administration, and said the warrants came to notice only when he filed his nomination. He asked the Court to hear the State’s challenge to the interim bail, and sought listing on Tuesday.
‘There should be accountability of system’
Responding to the submission that the warrants had lain unexecuted for years, the CJI said the answer lay in action against the officers concerned:
“Then action should be taken against those police officers. There should be accountability of system. Suddenly when someone wants to contest elections…”
The Solicitor General responded that the Court could take whatever action it considered fit, but could also hear the State’s challenge.
Pradhan’s response
Senior Advocate Dr Abhishek Manu Singhvi, for Pradhan, argued that the State only wanted a “pound of flesh” before the elections. He pointed out that the case dates back to 2007 and that interim bail had been granted for only 21 days.
‘Let him contest’
After hearing both sides, the CJI told the Solicitor General:
“Let him (Pradhan) contest and conclude elections peacefully.”
Declining the request to list the matter the next day, the Bench posted it to October 7. “It’s an old issue, thousands of persons were there,” the CJI remarked.
Last week, the Court had refused the Solicitor General’s request for urgent listing, after he submitted that the by-election was scheduled for Monday and the plea would become infructuous by then. The CJI had then indicated that the Court was inclined to dismiss the State’s plea, remarking, “We can assure we will dismiss it, but will dismiss on Monday.”
Milan Pradhan’s interim bail: Background
On September 29, Justice Tirthankar Ghosh of the Calcutta High Court granted Pradhan interim bail for three weeks, till October 21, so that he could contest and campaign in the by-election. Pradhan had been arrested in cases arising from the 2007 Nandigram agitation after he filed his nomination papers. The High Court noted that he was not in custody when he filed his nomination, that the State had not produced material showing he was wanted for any offence after 2007, that the cases relied on had been investigated by the CBI, and that the police had had nearly 19 years to execute the warrants.
The State had opposed bail before the High Court, submitting that the cases involved allegations including murder, that coercive processes had been issued against Pradhan, and that he might influence witnesses. Pradhan’s counsel argued that he was arrested only after announcing his candidature and that the State had placed no material showing his role in the alleged offences. The allegations against Pradhan are untested; no court has expressed a view on their merits, and he is presumed innocent.
Case Title: State of West Bengal v. Milan Pradhan [SLP(Crl) No. 18996 of 2026]
Bench: CJI Surya Kant, Justice Joymalya Bagchi (recused) and Justice V. Mohana, Supreme Court of India
Date of Hearing: October 5, 2026
Appearances: Solicitor General Tushar Mehta for the State of West Bengal; Senior Advocate Dr Abhishek Manu Singhvi for Milan Pradhan