Supreme Court Seeks West Bengal's Response On Union Minister Nisith Pramanik's Anticipatory Bail Plea In Attempt-To-Murder Case

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 petition last week without granting him relief. A bench of Justices Bela M Trivedi and Pankaj Mithal today issued notice in Pramanik's special leave petition and agreed to hear it on Friday, January 12.

During the brief exchange, 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. “This is in the teeth of at least three judgments of this court.”

“The circuit bench has agreed to hear this on January 22. Just give me protection,” the senior counsel added.

“Why do you apprehend an arrest now, when you have not been arrested for so long?” Justice Trivedi asked.

In response, Patwalia 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 tomorrow.

“Serve a copy to the other side,” Justice Trivedi instructed Patwalia, before adjourning the hearing.

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.