Name GJM’s Bimal Gurung among accused in 2010 Tamang murder case: Calcutta HC to CBI

The court said in its order, “Madan Tamang, a political leader of Darjeeling and the then president of the All India Gorkha League (referred to as AIGL hereinafter), a political party in Darjeeling was murdered in broad daylight at Darjeeling Mall on 21.05.2010.”

After this incident, a murder case was registered at Darjeeling police station and the CID started an investigation. One of the main accused, identified as Nikol Tamang, was arrested. However, Nikol escaped from police custody in Pintel Village. Afterwards, the CBI took charge of the murder investigation. In a chargesheet filed subsequently, 48 hill leaders, including Bimal Gurung, Roshan Giri, Asha Gurung and Binay Tamang, were named. In August 2017, the Calcutta City and Sessions Court ordered that Bimal Gurung’s name should be dropped from the chargesheet. Madan Tamang’s wife Bharti moved the Calcutta High Court against this directive.

On Thursday, a single bench of the Calcutta High Court comprising Justice Subhendu Samanta said, “The learned Chief Judge, City Sessions Court, has committed an error by separating/segregating Bimal Gurung from other accused persons. The value evidence is similar to that of all the other accused persons and Bimal Gurung; merely not collecting CDR of Bimal Gurung cannot itself exonerate him from the direct allegation of criminal conspiracy. It is quite impermissible to discharge an accused from a criminal case where his name is directly stated by the available witnesses regarding his involvement in the alleged offence. Bimal Gurung was cited as a leader of other accused persons.”

Samanta added in the order, “Thus, complicity against Bimal Gurung has been sufficiently established at this stage. Some witnesses disclosed the conduct and public remarks of Bimal Gurung regarding threatening the victim, the remaining witnesses disclosed some facts …about a meeting of Bimal Gurung with the other accused persons for commission of alleged offences. Thus, at this juncture how far the charge of conspiracy against Bimal Gurung would be proved in trial, cannot be ascertained at the stage u/s 227 Cr.P.C. but it can very well observed that there are grave suspicions against Bimal Gurung in this case.”

The order also stated, “Considering the entire material, I am of the view that the instant criminal revisions got merit and they are required to be allowed. The alleged portion of the impugned order passed by the learned Chief Judge, City Sessions Court, through which he discharged Bimal Gurung from this case is hereby set aside. The charge in this case is required to be framed against Bimal Gurung with other accused persons. The learned trial judge is to proceed with this case according to the law and as per direction of the honourable Apex Court.”

Later on Thursday, Bimal Gurung told The Indian Express over phone, “It is nothing but a political conspiracy. I have full faith in the judiciary. I will appeal against this order.”