The matter was mentioned before a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. Solicitor General Tushar Mehta, appearing for the State, sought a hearing before the election, which is scheduled for October 6.
Mehta submitted that Pradhan had been granted bail in a case involving an allegation under Section 302 of the Indian Penal Code, which concerns murder, and argued that the challenge needed to be considered before the election.
The CJI, however, declined to list the matter for Thursday, citing the Court’s already crowded board.
The Court indicated that the appeal would be taken up on Monday. During the exchange, Chief Justice Surya Kant said:
“We can assure we will dismiss it, but will dismiss on Monday.”
The request for Thursday listing was therefore not accepted.
The Calcutta High Court had granted Pradhan interim bail on September 29, allowing him to contest and campaign in the October 6 Nandigram bypoll. Justice Tirthankar Ghosh passed the order.
The cases relate to the violence during the 2007 Nandigram land acquisition protests and date back nearly 19 years. The High Court noted that Pradhan had filed his nomination before his arrest and that the State had had considerable time to execute the warrants in the cases.
The State had opposed bail, citing the nature of the allegations and concerns regarding the criminal proceedings.
The Supreme Court declined the State’s request for an urgent Thursday hearing and indicated that the challenge would be taken up on Monday.
