Madan relief for Gurung

TT, Calcutta, Aug. 17: Gorkha Janamukti Morcha chief Bimal Gurung's name was today dropped from the chargesheet filed by the CBI in the Madan Tamang murder case.

A city sessions court judge in Calcutta said "the charge against Gurung would not be framed in the case as the CBI has failed to provide enough evidence".

The judge, however, declared that charges against all the other 47 accused would be framed on August 28.

Gurung told The Telegraph over phone that he was "happy" with the court's order. "I am happy with the development today. I had always said that I am ready to go to the gallows if I am guilty."

Amar Lama, brother of Madan Tamang and an advocate, said the family would approach Calcutta High Court. "I have not received the order. In fact, I have not even seen the operative part of the order. However, our family will definitely approach the higher forum against this discharge," said Lama.

The judge's order followed petitions by Gurung and others praying that their the names be dropped from the chargesheet filed by the CBI.

Akhil Bharatiya Gorkha League president Madan Tamang was murdered on May 21, 2010, in near Planters' Club in Darjeeling.

The CBI, after its second investigation into the case, had filed the chargesheet on May 29, 2015, accusing Gurung and his 47 associates in the case.

"The 48 accused had filed separate petitions seeking that their names be dropped from the chargesheet. So, the judge had to pass 48 separate orders. The copies of the orders cannot be issued in a day," a court official said.

The CBI had initially filed a chargesheet in which Gurung and his associates were not named as accused. But after Bharti moved a petition in the Supreme Court, it directed the CBI to conduct a fresh probe.

In the fresh chargesheet, the CBI named Gurung and 47 others, including Gurung's wife Asha, Morcha general secretary Roshan Giri and former Morcha leader Harka Bahadur Chhetri.

In order to avoid arrest, Gurung and 22 others had moved anticipatory bail petitions before the high court.

ADDITIONAL REPORTING BY OUR CALCUTTA BUREAU