Tamang case moved to Kolkata

Amitava Banerjee, THT, Darjeeling, 29 November 2013: Complying with the Supreme Court order, the Madan Tamang murder case was transferred to the principal district and sessions judge of the city sessions court in Kolkata on Friday.

The order on transfer of the case came from the additional district and sessions judge, 3rd court, in Darjeeling. All the accused (including the accused out on bail) will have to appear at the city session’s court on December 13.

Not satisfied with the CBI probe, Bharati Tamang, widow of slain All India Gorkha League (AIGL) leader Madan Tamang, had filed a writ petition in the Supreme Court praying for De novo investigation (investigation from the beginning) by a Special Investigation Team (SIT) in the case. The writ petition was admitted by the Supreme Court on December 3, 2012.

On October 8, 2013, Justice Fakir Mohamed Ibrahim Kalifullah of the Supreme Court passed a judgment ordering that the case be shifted to Kolkata.

“Such transfer shall be effected by the sessions court, Darjeeling, to the file of the principal judge of the Calcutta Civil Court along with all the records and material objects within two weeks from the date of production of the copy of this order,” the Supreme Court order said.

“Accordingly, the case has been transferred to the city sessions court,

Kolkata,” HP Jaiwal, public prosecutor, CBI, told HT. Of the 18 accused in judicial custody, 15 were produced at the additional district and session’s 3rd Court, Darjeeling, on Friday.

The other three accusedTenzing Khambachey, Dinesh Gurung and Keshav Raj Pokhrelwere not produced as they are admitted at the Darjeeling Sadar Hospital.

Swadesh Ranjan Ray, additional district and session’s judge, 3rd court, in his order said, “As per direction, I am sending the case record vide Sessions Case No. 29/2013 along with Lower Court Record before learned principal district and session’s judge, city session’s court, Kolkata.”

He directed the superintendent, district correctional home, Darjeeling “to produce all the accused persons positively on December 13 before the Principal District and Sessions Judge, City Sessions Court, Calcutta.” Nine persons on court bail have also been directed to appear at city session’s court on December 13.

The accused in this case will have to be produced in other cases connected to the Madan Tamang murder on December 11 in the Darjeeling Court. “The accused will have to be produced in Kolkata on December 13. They can be taken to Kolkata after being produced at the Darjeeling Court on December 11,” a CBI source said.

TT, Darjeeling, Nov. 29: The Madan Tamang murder case was transferred from the court of the additional district judge (third court) to the principal district and sessions judge of the Calcutta civil and sessions court based on an order from the Supreme Court.