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The Supreme Court has transferred the trial in the 2010 Madan Tamang murder case from Darjeeling to Kolkata and decided to monitor the case,which will now be probed by the CBI under close supervision by its Joint Director.
A Bench of Justices S S Nijjar and F M Ibrahim Kalifulla,however,restrained the CBI from proceeding with the trial until the two prime accused in the murder of the Gorkha leader were held and a comprehensive final report was filed in the new court. CBI has been asked to arrest accused Nicol Tamang and Dinesh Subba within three months.
Tamang,who was president of the All India Gorkha League,was killed on May 21,2010,in Darjeeling,allegedly by a group of about 400 supporters of Gorkha Janmukti Morcha,when he was overseeing preparations for a public meeting.
Issuing directives on a petition by Tamangs wife Bharti,the Bench directed CBI to file a copy of its comprehensive probe report before the court for passing further directions.
In its order,the Bench pulled up the state police as well as the CBI for their total lack of seriousness as demonstrated by the fact that many of the accused roamed freely between May 2010 and February 2013 when the SC issued notices in the matter.
The submission that the murder took place due to political rivalry cannot be a ground for anyone,much less the investigation agency to display any slackness or lethargic attitude in the process of investigation. Whether it be due to political rivalry or personal vengeance or for that matter for any other motive,a murder takes place,it is the responsibility of the police to come up to the expectation of the public at large and display that no stone will remain unturned to book the culprits and bring them for trial, said the Bench.
Bharti,in her petition,had sought a fresh investigation by a court-appointed special investigation team,claiming the investigation by the state police and the CBI were tainted,biased and mala fide.