Haldia Court Sends Congress' Milan Pradhan to Judicial Custody Over 2007 Non-Bailable Warrants

In a dramatic twist ahead of the high-stakes Nandigram Assembly bypoll, Congress candidate Milan Pradhan was remanded to judicial custody until October 3 by a Haldia court on Saturday, September 19, 2026. The arrest, which stems from four non-bailable warrants issued in connection with cases dating back to the 2007 Nandigram land acquisition movement, has ignited a fierce political controversy and raised serious questions about the timing of the action. Pradhan, who is contesting on a Congress ticket, was produced before the Haldia Subdivisional Court a day after his arrest within the jurisdiction of Chandipur Police Station in Purba Medinipur district.

Background: The Nandigram By-Election and a Sudden Arrest

The bypoll for the 210-Nandigram Assembly constituency is scheduled for October 6, 2026, with counting set for October 9. The seat fell vacant after West Bengal Chief Minister Suvendu Adhikari resigned from Nandigram while retaining the Bhawanipore seat. The electoral landscape became even more complex when Mamata Banerjee’s All India Trinamool Congress (TMC) initially fielded Sanchita Pradhan Dey as its candidate, but later withdrew her nomination and extended support to Milan Pradhan of the Indian National Congress.

Pradhan’s arrest on September 18 came just hours after Banerjee announced her faction’s support for him. According to the Purba Medinipur district police, the arrest was based on four pending non-bailable warrants issued by courts—three registered at Nandigram Police Station and one at Khejuri Police Station. All four cases were registered in 2007 during the height of the violent anti-land acquisition agitation that brought Nandigram into the national spotlight. The charges include serious offences such as murder, attempt to murder, abduction with intent to murder, rioting with weapons, house trespass, and alleged destruction of evidence under various sections of the Indian Penal Code (IPC) and the Arms Act.

Police officials stated that Pradhan had been declared an absconder in these cases and had allegedly evaded legal process for nearly two decades. "Repeated attempts to execute the warrants had failed in the past. The arrest was part of a drive to execute long-pending non-bailable warrants during elections, in line with standing instructions from the Election Commission ," reads a police statement.

Political Fallout: A Deliberate Conspiracy or Routine Enforcement?

The timing of the arrest has drawn sharp criticism from the Congress party and its allies. Congress General Secretary K C Venugopal alleged that the case was being weaponised against the party’s candidate just days before polling. "A 19-year-old case is suddenly revived the moment Mamata Banerjee announces support for our candidate. This is a clear abuse of state machinery," Venugopal said.

West Bengal Congress President Subhankar Sarkar echoed the sentiment, stating that the party would continue its campaign regardless of Pradhan’s custody. "If he remains in jail, we will field other campaigners in his place. The people of Nandigram will not be intimidated by such tactics," Sarkar asserted.

Mamata Banerjee also questioned the arrest, calling it "politically motivated" and "unfortunate." Her TMC faction had withdrawn its own candidate to support Pradhan, a move seen as an attempt to consolidate opposition votes against the Bharatiya Janata Party (BJP). The BJP, meanwhile, welcomed the court’s action, with state leaders arguing that the law must take its course irrespective of electoral considerations.

Legal Dimensions: Non-Bailable Warrants and Absconder Status

From a legal standpoint, the case raises several procedural and substantive issues. Under the Code of Criminal Procedure, 1973 (CrPC), a non-bailable warrant is issued when a court has reason to believe that the accused will not voluntarily appear or is likely to abscond. Once an accused is declared an absconder, the court may proceed with trial under Section 299 CrPC for certain offences, and may even order attachment of property under Section 83 CrPC.

Pradhan’s counsel argued before the Haldia court that the charges were old and that his client had cooperated with election authorities during the nomination process. However, the court took note of the police submission that Pradhan had been evading arrest for 19 years and that the warrants remained unexecuted. The court remanded him to judicial custody, effectively keeping him off the campaign trail until October 3—just three days before polling. If released on that date, Pradhan would have only October 4 and 5 to physically campaign, severely limiting his ability to connect with voters.

Legal experts point out that the Election Commission’s Model Code of Conduct and standing instructions require police to execute all pending warrants before or during elections to ensure that candidates with serious criminal antecedents are brought to book. This has been a contentious issue, with several courts emphasising that the timing of such actions must not be used to tilt the electoral playing field.

Impact on Electioneering and Political Strategy

With Pradhan in custody, the Congress faces an uphill battle in Nandigram. The constituency has historically been a TMC stronghold, but the alliance between the Congress and Banerjee’s faction was expected to create a formidable challenge to the BJP. The arrest has disrupted that calculus. The Congress has announced that senior leaders and local workers will step up campaigning in Pradhan’s absence, but the loss of the candidate’s personal outreach is significant.

Pradhan’s arrest also highlights the broader trend of pre-poll incarcerations of opposition candidates in India, often drawing allegations of selective targeting. The Supreme Court has repeatedly held that arrest during electioneering must be based on genuine law enforcement requirements and not on extraneous considerations. In Arnesh Kumar v. State of Bihar (2014), the Court cautioned against automatic arrests in cases punishable with up to seven years' imprisonment, but the present case involves more serious charges—including murder—which fall outside that protective umbrella.

Conclusion: A Testing Ground for Legal and Electoral Integrity

The Milan Pradhan case serves as a poignant example of the intersection between criminal law enforcement and democratic processes. While the police maintain that the arrest was a routine execution of outstanding warrants, the political context suggests otherwise. As the Nandigram bypoll nears, all eyes will be on the Haldia court’s next steps on October 3. If Pradhan is released, he will have a narrow window to salvage his campaign. If kept in custody, the Congress will have to rely entirely on proxy campaigners.

The incident underscores the need for clear guidelines on the timing of arrests during election periods, ensuring that law enforcement is not perceived as a tool for partisan advantage. For legal professionals, the case offers a real-time study in the application of CrPC provisions on warrants, absconders, and judicial custody, set against a charged political backdrop.