Supreme Court Grants Protection From Arrest To Union Minister Nisith Pramanik In Attempt-To-Murder Case In West Bengal

The BJP Member of Parliament (MP), representing the Dinhata Lok Sabha constituency, approached the top court after a division bench of the Calcutta High Court adjourned the hearing of his anticipatory bail plea last week without granting him relief. A bench of Justices Bela M Trivedi and Pankaj Mithal issued notice in Pramanik's special leave petition yesterday and sought the response of the State of West Bengal.

Senior Advocate PS Patwalia explained Pramanik's apprehension of an imminent arrest, pointing to an arrest warrant issued by a magistrate in March last year, at the time of taking cognisance. Explaining the urgency of the plea, he argued that the political situation in the State of West Bengal was 'volatile', citing in particular Pramanik's move to the Bharatiya Janata Party from Trinamool Congress. “He is also a minister of state. He is really apprehending some embarrassment.”

Although initially inclined to defer the proceedings in the special leave petition until Monday, the bench ultimately agreed to hear it urgently, directing the matter to be listed today.

During today's hearing, Patwalia repeated his plea for interim protection until the matter is heard by the next circuit bench, scheduled to sit on January 22. Senior Advocate Gopal Sankaranarayanan, appearing on behalf of the state government, however, assured the bench that no arrest will be made in the case until then. He added, "This does not need to be recorded in the order."

He also pointed out, "In any case, they could have mentioned before the chief justice of the high court for an earlier hearing, but they have come here directly, I don't know why..."

Objecting to Sankaranarayanan's contention that an embargo on any coercive step need not be formally recorded in the order, Patwalia strongly urged the court to issue an interim direction to that effect. "He has a ministerial position. It becomes embarrassing if he is arrested," the senior counsel said.

Sankaranarayanan tried assuring the opposing counsel by saying, "I agree. So I have given instructions, our counsel are going to write to ADG. I am giving an assurance on behalf of the State. Mr Patwalia himself has given many such assurances."

Pramanik's lawyer, however, stood his ground. He requested the court, "Kindly record it. The minister has to go to West Bengal and he is very scared."

In response to this, Sankaranarayanan pointed out that there were as many as 13 cases against the BJP leader, which included charges ranging from murder to rioting. "He could still be arrested in the others," he reasoned.

The bench ultimately acceded to Pramanik's request and agreed to add a direction against any coercive action to its order, which reads as follows -

"Learned senior counsel for the petitioner states that the next date when the circuit bench at Jalpaiguri is likely to sit is January 22. Learned senior counsel for the State of West Bengal has no objection if the matter is heard on the date fixed. In view of the above, let the application be listed before the circuit bench, if not listed on January 22. We request that it is heard and disposed of as expeditiously as possible on the same day. No coercive step shall be taken against the petitioner till the matter is heard by the high court."

When Sankaranarayanan raised the apprehension that the Supreme Court's decision granting protection to the accused would sway the high court's ruling on the issue, the bench added to its order, "We clarify that we have not expressed any opinion on the merits of the case and the high court shall decide the case on its own merits."

Background

Nisith Pramanik, Lok Sabha MP and Union Minister of State for Home Affairs in the Prime Minister Narendra Modi-led cabinet, is an accused in an attempt-to-murder case. This case dates back to 2018, when a Cooch Behar resident was shot dead amidst open firing on Trinamool Congress workers ahead of panchayat elections. It has been alleged that the shooting was carried out on Pramanik's instructions.

Pramanik, who was formerly associated with the ruling Trinamool Congress party, later joined the Bharatiya Janata Party in 2019 and went on to successfully contest and win the Cooch Behar Lok Sabha seat.

On January 4, a circuit bench of the Calcutta High Court at Jalpaiguri, comprising Justices Surya Prakash Kesarwani and Rai Chattopadhyay, adjourned Pramanik's plea in the attempt-to-murder case without allowing his application for pre-arrest bail. Transferring the case to the next bench, the court agreed to post the matter on January 22 for further hearing.

In the meantime, the BJP MP has approached the Supreme Court seeking anticipatory bail. Maintaining his innocence, the junior minister has refuted claims that he was responsible for orchestrating the 2018 violence. He has also alleged that he was wrongfully implicated in the attempt-to-murder case without a single piece of evidence tying him to the alleged crime, citing political animosity over his initial conflict with district leadership of Trinamool Congress, and eventual shift to the Bharatiya Janata Party.