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SC bins trial shift plea  - Tamang case to be heard in Calcutta through video  ... SC refuses transfer the trial to Sikkim

SC bins trial shift plea - Tamang case to be heard in Calcutta through video ... SC refuses transfer the trial to Sikkim

Madan Tamang (left), Bimal Gurung
TT, PTI, New Delhi, Aug. 16 : The Supreme Court today refused to transfer the trial in the Madan Tamang murder case from Calcutta to Sikkim but ordered that the proceedings should be conducted through video conferencing from Darjeeling.
A bench of Justices S.A. Bobde and L. Nageswara Rao said that Gorkha Janmukti Morcha general secretary Roshan Giri, who is an accused in the case and had moved the apex court seeking transfer of the trial to Sikkim, did not represent all the persons facing trial. Morcha chief Bimal Gurung is also named in the chargesheet.
Police have claimed that Tamang, who was the All India Gorkha League (AIGL) president, was hacked to death in Darjeeling on May 21, 2010, in daylight when he was overseeing preparations for a public meeting.
The apex court asked the lower court in Calcutta, where the case is pending, to hold the trial "mainly through video conferencing" for which the appropriate facility should be set up in Calcutta and Darjeeling.
It, however, clarified that if the trial court was of the opinion that physical presence of a particular accused and or a witness was necessary before the Calcutta court, the judge can pass a specific order in this regard.
"We are not inclined to direct that the case be transferred out of Kolkata at the instance of the petitioner (Giri) who do not represent all the accused in the trial," the apex court said.
During the hearing, additional-solicitor general P.S. Narasimha, representing the CBI, and senior lawyer Kapil Sibal, appearing for the Bengal government, told the bench that trial through video conferencing was an "acceptable option" in this case.
Giri's counsel did not object to the submissions, after which the bench said "we consider that these submissions are undoubtedly reasonable and practical. We accordingly direct the trial court to hold the trial in the case mainly through video conferencing...."
The bench further said that "if the trial judge would be of the opinion that physical presence of a particular witness or accused is necessary in court before Kolkata, he shall pass such specific order giving sufficient time to that person to be present before the court".
Giri had approached the apex court seeking transfer of trial, claiming that if he was to appear in court in Calcutta, there would be a serious law and order situation that might pose a threat to his life.
In Calcutta today, a city sessions court judge, K.K. Kumai, adjourned until tomorrow his order on the petitions moved by Gurung and others seeking quashing of the charges brought against them by the CBI in the murder case.
The judge was about to deliver his order when a lawyer informed him about the development in the Supreme Court.
The lawyer said: "According to information received by us, the Supreme Court has issued an order allowing the holding of the trial though video conference."
Kumai said: "Then I have to wait till the copy of the order passed by the Supreme Court reaches us."
He then adjourned his order till tomorrow.

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