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Supreme Court Confronts Bail-Related Controversies in Two Separate Cases
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Unsolicited Advice from a Trial Judge Sparks Inquiry
A trial judge of the Additional District and Sessions Court, 3rd Court, North 24 Parganas (Barasat) wrote to the Supreme Court on August 11 requesting more time to complete a trial of an under-trial prisoner who had been in custody for five years. In the same letter the judge offered “advice” on when the apex court should grant or deny bail. The two-judge bench of Justices J B Pardiwala and K Vinod Chandran called the communication “uncalled for” and “disturbing,” and ordered the registry to obtain an explanation from the presiding officer. The bench had earlier, on May 11, directed the trial court to file a report after disposing of the case and to finish the trial within three months, after rejecting the bail petition and noting the “snail’s pace” of proceedings.
West Bengal Government Challenges Interim Bail for Congress Candidate Milan Pradhan
The state filed a petition against a Calcutta High Court order dated September 29 that granted interim bail to Congress candidate Milan Pradhan in six criminal cases stemming from the 2007 Nandigram land-acquisition agitation. Four cases involve murder charges; the other two relate to rioting. Solicitor General Tushar Mehta, appearing for West Bengal, argued that the bail was granted solely to enable Pradhan to contest the Nandigram Assembly by-poll scheduled for October 6, and that six non-bailable warrants remain outstanding. The Supreme Court, headed by Chief Justice of India Surya Kant with Justices Joymalya Bagchi and V Mohana, declined an urgent hearing on October 1 and listed the matter for oral argument on October 5, one day before polling. The CJI indicated the appeal would be dismissed on Monday (October 5).
Official Statements & Responses
- The bench said it is not the role of a presiding officer to advise the apex court on bail decisions and directed the registry to seek an “appropriate explanation.”
- Chief Justice Kant, when asked about the timing of the Pradhan appeal, said the docket is “very lengthy” and affirmed dismissal on Monday.
- Solicitor General Mehta emphasized that Pradhan is a “murder accused” and that releasing him only for the election disregards the six NBWs against him.
Timeline
- May 11 – SC order directing trial court to complete the under-trial bail case within three months.
- August 11 – Trial judge sends the unsolicited bail-advice letter.
- September 29 – Calcutta High Court grants interim bail to Pradhan.
- October 5 – Scheduled oral hearing of West Bengal’s petition (one day before polling).
- October 6 – Nandigram Assembly by-poll.
Data & Statistics
- The under-trial prisoner had been detained for five years before the bail petition.
- The SC noted that 12 witnesses were expected to be examined by May 1, yet none had been examined.
- Milan Pradhan faces six criminal cases: four murder charges and two involving rioting.
- The High Court imposed a bail bond of INR20,000 per case and required twice-daily mobile verification.
What’s Next
- The Supreme Court will hear West Bengal’s challenge on October 5 and is expected to issue a dismissal that day.
- The Nandigram by-poll takes place on October 6, with vote counting on October 9.
- The under-trial case remains pending; the trial court must still file a report after disposing of the matter, as ordered on May 11.