SC stays Madan murder trial - State, CBI told to file replies in 4 weeks

TT, New Delhi, July 15: The Supreme Court today stayed for eight weeks the trial for the murder of ABGL leader Madan Tamang on a petition filed by his widow, who alleged that the CBI and the state government were shielding the accused for political reasons.

Petitioner Bharati Tamang alleged that the state government was cosying up to the Gorkha Janmukti Morcha, whose leaders and workers were accused of masterminding and executing the assassination for political benefits.

Alleging that the CBI was acting in a biased manner, she approached the court for the transfer of the probe to the National Investigation Agency and a stay on the trial.

In the written submission, though, Bharati pleaded for probe by a court-appointed special investigation team.

Madan Tamang was hacked to death in Darjeeling on May 21, 2010.

The trial, scheduled for committal from the chief judicial magistrate’s court in Darjeeling, was stayed by a bench of Chief Justice Altamas Kabir and Justices Ibrahim Kalifullah and Vikramjit Sen.

Advocates Mukul Rohtagi and Pragya Bahel appeared for Bharati in the court.

After briefly hearing their submission, the court directed the Bengal government and the CBI to file their response within four weeks.

“…The state respondents No. 1 and 2 have been manipulating the investigation at every stage to broker a political settlement with the perpetrators and conspirators of the crime as a result of which the investigation has not been conducted in a fair, transparent and bona fide manner,” alleged Bharati.

She also said that “the political backdrop against which the entire investigation was conducted” showed that the “state respondents were concerned with brokering any sort of political peace in the Darjeeling hills and for this purpose requisitioned the entire investigation of the case at the cost of justice and at the cost of the victim, his family and relatives”.

The petitioner also assailed the May 18 order of the sessions court to grant bail to five accused persons.

The counsels said the judgment had been passed on erroneous ground and the CBI chose not to appear in court to oppose the bail pleas.

According to Bharati’s counsels, the CBI arrested the five accused from Darjeeling on February 15 after the Supreme Court had issued a notice in December last year to the investigating agency on the slow progress of the case.

The arrested were Kismat Chettri, Dinesh Gurung, Alok Kanti Mani Thulung, Keshav Raj Pokhrel and Puran Thami.

The Supreme Court was told that the sessions judge in Darjeeling had granted bail to the five on the wrong premise that they had remained in custody for about seven months while the fact was that they had been arrested only on February 15.

Bharati’s plea said the order of May 18, 2013, “shockingly demonstrates that none appeared on behalf of the CBI before the sessions court to oppose the bail applications filed by the accused persons”.

As a result, the court granted them bail without any contest “from the CBI in a case of grievous nature where the accused persons were absconding for three years”.

“The manner of the disposal of the bail application with utmost respect is unsatisfactory as the court granted bail ex-parte to the said accused persons… and that too (on incorrect facts and premise) without hearing the counsel for the CBI,” the petition said.

Bharati sought a directive from the apex court to appoint “an independent special investigation team” that consisted of senior officers, headed by a “competent person or authority of impeccable credentials” to conduct a fresh probe into the conspiracy and murder of Madan Tamang.

Those who are accused by Bharati of being co-conspirators in the murder are GTA Sabha chief executive and Morcha president Bimal Gurung, executive sabha members Asha Gurung and Roshan Giri and 12 others.

Madan Tamang, who was one of the most well-known anti-Morcha leaders in the Hills, was hacked in daylight with a sharp weapon, when he was preparing to address a public meeting on May 21, 2010 at Upper Clubside in Darjeeling.

Following the murder, the state’s CID had taken up the investigation, which named 30 people in its chargesheet. The CBI, which later took over the case, had filed an additional charge sheet naming Morcha leader Dipen Mallay.

Of the 31 named in the chargesheets, Nickole Tamang and Dinesh Subba alias Kaila is absconding.

One of the accused Dil Kumar Rai was found murdered at Singla, about 30km from Darjeeling on December 28, 2011.

Another accused Sangay Yolmo is currently bed-ridden after he was allegedly hit by a bullet fired during the clash and is paralytic with the bullet having pierced his spinal cord.

Among those arrested, 14 accused are currently on bail, while 13, who had surrendered before the chief judicial magistrate’s court on June 17 are lodged in the Darjeeling correctional home.

Seshmani Gurung, defence lawyer of the accused, said: “The court of the district and sessions judge has already committed the case of the 14 accused to the additional session judge (3rd court) and we were hopeful that trial would start soon. However, if the Supreme Court has passed the order the trial will be stayed.”