SC passes interim order; No coercive steps to be taken against Gurung

Amitava Banerjee, OI, November 20, 2017: The Supreme Court on Monday ordered that no coercive steps shall be taken against Bimal Gurung till a writ petition is taken up again after two weeks.

Gorkha Janmukti Morcha leader Bimal Gurung is presently on the run, implicated in numerous cases. He has also been charged under the Unlawful Activities Prevention Act (UAPA.) 

Gurung has filed a writ petition (criminal) in the Supreme Court against the Union of India and others. Justice AK Sikri and Justice Ashok Bhushan after hearing the counsel on Monday, ordered "Issue notice, returnable in two weeks. In the meantime, no coercive steps shall be taken against the petitioner." 

With news of the order Bimal Gurung's supporters and sympathizers switched into celebration mode in the Darjeeling and Kalimpong Hills. Fire crackers were also burst. 

Close confidants of Gurung interpreted "no coercive steps" as Supreme Court giving interim protection against arrest and detention. 

Interestingly in the judgment of the Rajasthan High Court in 2011 in the Harkesh Meena case, the order stated "The final orders in both the misc. petitions are clarified accordingly and it is further clarified that effecting arrest of an accused in any cognizable offence does not amount to coercive step. The investigating officer is free to arrest the accused, submit the charge etc. but he is not permitted to do manhandling and abusing to the accused." 

Later Gurung through a press release requested the "Prime Minister and Union Home Minister to order a National Investigation Agency investigation in all the cases related to explosions and arms haul in the Darjeeling region along with a CBI inquiry into the killing of 13 Gorkhaland activists in cold blood by West Bengal police and the suspicious circumstances under which Police Officer Amitava Malik was killed." The release bore Gurung's signature.