Supreme Court allows GJM to file response to the report of Home Department and to take appropriate defense

KalimNews, Kalimpong, 16 September 2013: The Special Leave Petition filed by GJM before the Supreme Court challenging the order of the Kolkata High Court was taken up today. The case was listed before Justice AK Patnaik and Justice Jagdish Singh Kehar. 

Mr Roshan Giri - GJM General Secretary, Mr Siddharth - Legal Advisor, GTA, Mr Ranjan Sharma- General Secretary, Delhi unit were present in the hearing today. The counsel for GJM Mr Rajiv Dhawan (Senior Advocate, Supreme Court) submitted that the order of High Court declaring the strike illegal was passed without giving GJM an opportunity. Notice was received by GJM only after the ex-parte order was passed . 

The High Court had merely relied upon media and newspaper report before passing the order. The Sr. Lawyer on behalf of GJM said that the Public Interest Litigation (PIL) is without any legal merits and a subterfuge to suppress the peaceful strike in Darjeeling. The submission of the Sr. Lawyer was that GJM may be permitted to respond to the report filed by Secretary (Coordination), Home Department, Government of West Bengal and explain its position on the order of High Court and give sufficient opportunity to file a reply to the report. It was also submitted that GJM was not responsible for the losses incurred by the State of West Bengal as alleged in the PIL. 

The Sr. Lawyer also brought to the notice of the Supreme Court that more than 1000 people have been arrested and the protest is peaceful as per the constitutional right of freedom of speech. The Sr. Lawyer appearing for the State of WB said that the order of the High Court is well balanced and based on facts which do not require defense. The submissions made by the GJM Counsel were disputed by the Senior Counsel appearing for the State. 

The Supreme Court has given liberty to GJM to file detailed response to the report of Home Department and also to take appropriate defense before the High Court to the allegations of losses incurred during the strike and also to the allegation of illegal bandh. 

The Supreme Court also directed that peaceful protest may be continued and GJM may file an appropriate Affidavit to that effect before the High Court. 

Mr Roshan Giri briefed the media after the matter was heard.