Today(on 13th June),the High Court directed the initiation of charges against Bimal Gurung, overturning the 2017 City Sessions Court’s decision. The appeal by CBI, supported by Madan’s wife Bharti Tamang, led to the court’s decision to proceed with legal proceedings against Gurung.
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KOLKATA: The High Court has issued a significant directive regarding the murder case of Gorkha League president Madan Tamang, ordering the inclusion of Gorkha Janmukti Morcha (GJM) president Bimal Gurung in the ongoing investigation. Justice Subhendu Samant presided over the case, which has drawn widespread attention due to its political ramifications in Darjeeling and the involvement of prominent figures.
Today(on 13th June), Justice Samant directed the Central Bureau of Investigation (CBI) to initiate the legal process of framing charges against Bimal Gurung. This order comes as a reversal of a 2017 decision by the City Sessions Court, which had excluded Gurung from the charge sheet. The High Court’s decision was in response to an appeal filed by Madan Tamang’s widow, Bharti Tamang, and the CBI, seeking a review of the earlier ruling.
Background
Madan Tamang was brutally murdered on the morning of May 21, 2010, in Darjeeling. He was preparing to hold a public meeting when he was attacked. The murder sent shockwaves through the region, leading to widespread demands for justice.
In the immediate aftermath of the murder, Nikol Tamang was arrested as one of the primary suspects. However, Nikol managed to escape from police custody in Pintel Village, complicating the investigation. Subsequently, the CBI took over the investigation, tasked with uncovering the full extent of the conspiracy behind the murder.
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The CBI’s charge sheet, presented after an exhaustive investigation, named 48 individuals, including prominent hill leaders such as Bimal Gurung, Roshan Giri, Asha Gurung, and Vinoy Tamang. These individuals were believed to have played significant roles in the events leading up to the murder of Madan Tamang.
However, in August 2017, the City and Sessions Court of Kolkata ordered that Bimal Gurung’s name be dropped from the charge sheet, a decision that Bharti Tamang vehemently opposed. Determined to seek justice for her husband’s murder, Bharti filed a case in the Calcutta High Court against this verdict. She also approached the Supreme Court, demanding an impartial and thorough investigation into the murder.
The Calcutta High Court, led by Justice Subhendu Samant, has now overturned the 2017 City Sessions Court’s order. The High Court’s directive to include Bimal Gurung in the investigation is seen as a major step towards ensuring accountability and justice in the case.
Justice Samant’s order emphasizes the need for a comprehensive investigation that does not exclude any key individuals who might have been involved in the conspiracy.
“Charges against Gurung should also be framed through the legal process.”
-stated the judge, highlighting the importance of proceeding with the legal formalities without delay.
The Supreme Court bench comprising Justice Kurien Joseph and Justice Amitabh Roy heard a plea from Bharti’s lawyer, Pragya Baghel, demanding a stay on the lower court proceedings. This request was met with objections from the CBI’s legal representative. However, the Supreme Court announced a stay on the lower court hearing shortly thereafter.
The case, which has drawn considerable attention, initially saw the CID issuing the first charge sheet following their investigation into Tamang’s murder. Notably, the name of Bimal Gurung, a prominent figure, was absent from this charge sheet. Subsequently, the CBI conducted its own investigation and released a charge sheet, which also did not include Gurung’s name. His name was not even mentioned in the FIR.
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It was only after the Supreme Court intervened, ordering the CBI to conduct a further detailed investigation, that Gurung’s name appeared in the charge sheet. This development raised questions from Bimal Gurung’s legal team in the City Sessions Court.
They challenged the CBI’s findings, questioning-
What evidence of conspiracy and murder did the CBI uncover against Bimal Gurung during their extended investigation, as directed by the Supreme Court?
