Supreme Court rejects GJM leader Bimal Gurung’s plea seeking protection from arrest

The Supreme Court today dismissed former GJM leader Bimal Gurung’s plea seeking protection from arrest in several cases lodged against him in West Bengal and for an independent probe into the alleged killings of Gorkhaland supporters in the state.

A bench comprising Justices A K Sikri and Ashok Bhushan rejected the Gorkha Janmukti Morcha’s plea saying it was not a fit case for relief.

“It cannot be said to be a case of individual persecution by the state,” the bench said while pronouncing the order.

The apex court had on November 20 restrained the West Bengal police from taking any coercive steps against Gurung.

The GJM leader had claimed in the top court that he was being politically persecuted by the West Bengal government.

However, the Mamata Banerjee government had submitted a list of 53 FIRs lodged against Gurung and said he was facing trial in another 24 cases as well.

The GJM central committee had recently suspended Gurung for six months and appointed Binay Tamang as the party’s new president.

The police had earlier claimed that Gurung and some of his aides were absconding after being booked under the Unlawful Activities (Prevention) Act in connection with the violence in Darjeeling hills during the recent agitation for a separate Gorkhaland.

Gurung has approached the apex court seeking an independent probe into the alleged killings of Gorkhaland supporters during the protests.

No specific proof of my role in murder case: Gurung

No specific proof of my role in murder case: Gurung
No specific proof of my role in murder case: Gurung

Gorkha Janmukti Morcha (GJM) chief Bimal Gurung today claimed in a city court that the CBI has not been able to provide any specific proof of his involvement in the murder of All India Gorkha League chief Madan Tamang.

Gurung’s counsel Milan Mukherjee submitted before Chief Sessions Judge Kundan Kumar Kumai that specific proof has to be provided by the prosecutor even for framing of charges against an accused.

Hearing in the matter was adjourned for the day and would resume tomorrow.

The city sessions court is hearing arguments for framing of charges against 46 accused for criminal conspiracy and murder of Tamang.

Mukherjee dismissed as was baseless the prosecution’s claim that Gurung had along with other GJM leaders conspired to kill Tamang. He claimed that the CBI has not been able to provide any proof.

“The CBI has claimed that Kalia, who had allegedly attacked Tamang with a sharp weapon, was Gurung’s bodyguard.

But just being seen beside him at some public rallies does not mean he was the bodyguard, he can be a party supporter,” Mukherjee submitted.

Gurung and some other GJM leaders accused in the murder were allegedly in Kalimpong when Tamang was killed in Darjeeling on May 21, 2010.

According to Mukherjee, though it has been claimed that mobile phones of some leaders including Gurung were under surveillance, the prosecutors have not submitted any transcript of alleged conversations among them to prove that they had conspired to get Tamang killed.

Claiming that five years of investigation by the premier agency has produced only hypothesis and unsubstantiated allegations, Mukherjee prayed that it is a case of no-evidence against Gurung and some others whom he represented.

The CBI has prayed for framing of charges against the accused, among whom are the top brass of the GJM, including its president Bimal Gurung, his wife and GJM women’s wing chief Asha, Roshan Giri, Col (retd) Ramesh Alley, former MLA Harka Bahadur Chetri, Binay Tamang and Rabin Subba.

The CBI has claimed that the murder was a premeditated one to prevent any other political party from holding meetings or rallies in Darjeeling hills, where GJM held sway through coercive measures.

Tamang was attacked with sharp weapons when he was overseeing preparations for a public meeting at Clubside in the heart of Darjeeling town on May 21, 2010 and was declared brought dead at the sadar hospital there.

( Source – PTI )

Court no to CBI plea for arrest warrant against Gurung, others

Court no to CBI plea for arrest warrant against Gurung, others
Court no to CBI plea for arrest warrant against Gurung, others

A city court today turned down the CBI’s plea for an arrest warrant against GJM president Bimal Gurung and 21 others who did not appear in court for hearing on framing of charges in the Madan Tamang murder case.

Chief Judge, City Sessions Court, Kundan Kumar Kumai refused the CBI’s plea that arrest warrant be issued against the accused persons who did not appear before the court in contravention of the Calcutta High Court order.

CBI counsel Arun Bhagat had prayed for arrest warrant against Gurung, his wife Asha and 20 others including senior GJM leaders when they failed to appear before the court yesterday for hearing on framing of charges.

The judge fixed the period between August one and four for day-to-day hearings for framing of charge against the accused persons, as also for hearing of discharge petitions filed by those accused in the killing of All India Gorkha League leader Madan Tamang.

The judge also directed Bidhanagar Police and Kolkata Police authorities to file reports before the court on allegations that some of the accused were questioned and followed after they left the court premises yesterday.

Their counsel Sayan De claimed before the court that some of his clients were questioned and followed by policemen after they left the court premises here and went to Gorkha Bhavan in Bidhannagar, where they were staying for the night.

Of the 48 accused in the case against whom CBI has sought framing of charges for the murder of Tamang in the heart of Darjeeling in May 2010, 26 accused were present.

The Calcutta High Court had on July 19 asked all the accused, against whom CBI has sought framing of charges, to be present before the court of the chief judge of City Sessions Court.

A division bench presided over by acting Chief Justice Nishita Mhatre had directed the trial court to hold day-to-day hearing and conclude framing of charges by August 17.

Noting that several accused were not present during the hearing for framing of charges on earlier occasions also, the division bench had directed the CBI to ensure their presence in court.

Among the 26 accused present before the court were former GJM MLA Harka Bahadur Chetri, Ramesh Allay and Rabin Subba.

Apart from Bimal Gurung, senior GJM leaders Asha Gurung, Roshan Giri, Binay Tamang and Devendra Sharma were among those absent.

Those accused who were absent in the court made written prayer before the court seeking to be represented by their lawyers.

CBI counsel Arun Bhagat had opposed the prayers, submitting that the high court had expressly ordered their presence before the trial court for the hearing. He sought arrest warrants against them for being absent.

( Source – PTI )

CBI seeks arrest warrant against Bimal Gurung

CBI seeks arrest warrant against Bimal Gurung
CBI seeks arrest warrant against Bimal Gurung

The CBI today sought an arrest warrant against the Gorkha Janmukti Morcha (GJM) president Bimal Gurung, his wife Asha and 20 others before a city court in connection with the Madan Tamang murder case.

The CBI counsel prayed before the chief judge of City Sessions Court Kundan Kumar Kumai that the arrest warrant be issued against the 22 accused, who were absent at the hearing in the case.

Out of the 48 accused in the case against whom CBI has prayed for framing of charges for the murder of All India Gorkha League leader Madan Tamang in the heart of Darjeeling in 2011, 26 accused were present.

The Calcutta High Court had on July 19 directed that all the accused, against whom CBI has sought framing of charges in the case, to be present before the court of the chief judge of City Sessions Court, which had fixed today for commencement of hearing.

A division bench presided by acting Chief Justice Nishita Mhatre had directed the trial court to hold day-to-day hearing and conclude proceedings for framing of charges by August 17.

Among the 26 accused present before the court today were former GJM MLA Harka Bahadur Chetri, Captain Ramesh Allay and Rabin Subba.

Apart from Bimal Gurung, senior GJM leaders Asha Gurung, Roshan Giri, Binay Tamang and Devendra Sharma were among those who were absent.

All the accused, who were absent in the court, made written prayers before the court seeking to be represented by their lawyers.

CBI counsel Arun Bhagat opposed the prayers, submitting that the high court has expressly ordered their presence before the trial court for the hearing and prayed for arrest warrants to be issued against them for being absent.

The judge adjourned order in the matter, which is likely to be pronounced later in the day.

( Source – PTI )

Gurung, 17 others surrender in Tamang murder case

Gurung, 17 others surrender in Tamang murder case
Gurung, 17 others surrender in Tamang murder case

Gorkha Janmukti Morcha (GJM) chief Bimal Gurung, his wife Asha and several senior leaders of the hill outfit surrendered before a city court today which granted them bail in connection with the murder of All India Gorkha League leader Madan Tamang.

Gurung and 17 others surrendered before the chief judge, city sessions court, Subhra Ghosh as per direction of the Calcutta High Court which had granted them anticipatory bail.

Gurung, who is also the chief of Gorkhaland Territorial Administration (GTA) in Darjeeling, his wife Asha, Deputy Chief Executive of GTA Col Ramesh Allay and 15 others were given bail on a bond of Rs 10,000 each by the chief judge.

A division bench comprising justices Ashim Kumar Roy and M M Banerjee had on December 14 granted anticipatory bail plea to 22 persons accused in the murder of Tamang and directed the petitioners to surrender before the chief judge of city sessions court here by December 21.

The high court had directed that charge should be framed in the murder case by February 1, 2017 before the designated CMM court here.

The bench also directed that all accused should be present in Kolkata, a day before the framing of charge against them and none of them would be able to leave the jurisdiction of city court without the court’s leave till disposal of the trial.

Tamang was hacked to death in Darjeeling town on May 21, 2010 when he was overseeing preparations for a public meeting.

The CBI had on May 29, 2015 filed a charge sheet against the GJM leaders under IPC sections for murder and criminal conspiracy in the Tamang case.

The investigating agency had filed the final supplementary charge sheet before the court against Gurung, his wife Asha, former GJM leader Harkabahadur Chettri, GJM Assistant General Secretary Binoy Tamang, Pradeep Pradhan, Deputy Chief Executive of GTA Col Ramesh Allay and 17 others for criminal conspiracy, murder and other charges.

Prime accused in the case Nickol Tamang had, however, disappeared from Pintail village near Siliguri, in August 2010 where he was being held by the state CID for interrogation following his arrest.

Pema Tamang, wife of Nickol, had moved a Habeas Corpus petition before the Calcutta High Court praying that her husband be traced.

The high court had then directed the CBI to take up the Madan Tamang murder case and the Nickol Tamang disappearance case.

Tamang’s widow Bharati had later moved the Supreme Court seeking early completion of investigation and arrest of the accused persons.

( Source – PTI )

Tamang murder: Calcutta HC grants advance bail to Gurungs

Tamang murder: Calcutta HC grants advance bail to Gurungs
Tamang murder: Calcutta HC grants advance bail to Gurungs

The Calcutta High Court today allowed anticipatory bail prayer of Gorkha Janmukti Morcha chief Bimal Gurung, his wife Asha and 20 others in connection with the murder of All India Gorkha League leader Madan Tamang.

A division bench comprising justices Ashim Kumar Roy and M M Banerjee directed the petitioners to surrender before the Chief Metropolitan Magistrate here by December 21.

The bench directed that charge should be framed in the murder case by February 1, 2017 before the designated CMM court here.

The bench also directed that all accused should be present in Kolkata a day before the framing of charge against them and none of them would be able to leave the jurisdiction of Kolkata Metropolitan Court without the court’s leave till disposal of the trial.

The court directed that if any of the 22 petitioners have been arrested during pendancy of the anticipatory bail petition before it, he/she would be granted bail in connection with the case within three weeks by furnishing a bail bond of Rs 10,000 each.

Tamang was hacked to death in Darjeeling town on May 21, 2010 when he was overseeing preparations for a public meeting.

The CBI had on May 29, 2015 filed a charge sheet against the GJM leaders under IPC sections for murder and criminal conspiracy in the Tamang case.

The investigating agency had filed the final supplementary charge sheet before the court against Gurung, who is also the chief of Gorkhaland Territorial Administration (GTA) in Darjeeling, his wife Asha, former GJM leader Harkabahadur Chettri, GJM Assistant General Secretary Binoy Tamang, Pradeep Pradhan, Deputy Chief Executive of GTA Col Ramesh Allay and 17 others for criminal conspiracy, murder and other charges.

Prime accused in the case Nickol Tamang had, however, disappeared mysteriously from the Pintail village near Siliguri, in August 2010 where he was being held by the state CID for interrogation following his arrest.

Pema Tamang, wife of Nickol, had moved a habeas corpus petition before the Calcutta High Court praying that her husband be traced.

The high court had then directed the CBI to take up the Madan Tamang murder case and the Nickol Tamang disappearance case.

Tamang’s widow Bharati had later moved the Supreme Court seeking early completion of investigation and arrest of the accused persons.

( Source – PTI )