Can’t take law in your hands, SC tells Gurung.... next hearing on December 4

TNN | Dec 1, 2017, KOLKATA: The Supreme Court on Thursday told beleaguered Gorkha Janmukti Morcha leader Bimal Gurung that he could not take the law in his own hand.

The apex court had on November 20 restrained the Bengal government from taking any coercive action against Gurung but agreed on November 24 to re-examine its order after the government alleged that he was involved in serious offences like murder and rioting and more than 77 cases had been registered against him. State government counsel Abhishek Manu Singhvi had contended that the court had erred in protecting him as he was a fugitive and was absconding.

Thursday's SC observations came after Gurung's counsel told a bench of justices A K Sikri and Ashok Bhushan that he had been framed in fake cases and would be locked up if he surrendered; the ongoing movement for a separate state would suffer, the apex court was told.

"There are differences of opinion between me and the Bengal chief minister. Efforts are being made to break my party and instal a new leader. I will be in jail for a decade and the whole movement will be finished if I give myself up to the police," senior advocate P S Patwalia, appearing for Gurung, said. Movements for separate states were occurring "everywhere and new states were being carved out", he added.

This prompted the bench to say a political movement was something else but no one could be allowed to take the law in his own hand.

The state police on Tuesday had told the SC that Gurung was absconding, not cooperating with the probe into cases lodged against him and playing "blatant politics". It said Gurung was facing trial in multiple cases.

The state also said Gurung had refused to heed several lower court proclamation notices and warrants; a person refusing to cooperate with the legal process should not be granted anticipatory bail, it added.

The GJM has suffered a vertical split in the Hills since the current round of agitation started in June this year. Gurung himself has been suspended from his party by the faction owing allegiance to Binay Tamang. The Tamang-led GJM has also represented the Hills in talks with the Bengal government.

The hearing remained inconclusive and the bench listed the matter for December 4. Gurung's advocate-on-record, Astha Sharma, told TOI from New Delhi: "We have filed a detailed response to the application filed by the state seeking recall/modification of the order granting protection. We will continue with our arguments on Monday when the matter is posted at 3 pm."

(Shared by Kalimpong News, Source & Courtesy: The Times of India- https://timesofindia.indiatimes.com/city/kolkata/cant-take-law-in-your-hands-sc-tells-gurung/articleshow/61871944.cms)