SC takes away Bimal arrest cover.... Bias charge against Bengal govt rejected

Mamata and Chamling address the press in Siliguri. Picture by Passang Yolmo

TT, Mar 17, 2018, New Delhi: The Supreme Court has rejected Bimal Gurung's charge of bias in the investigations carried out by the Mamata Banerjee government, effectively lifting any protection from arrest.

The Gorkha Janmukti Morcha leader has been named in at least 31 cases and is on the run even though the Supreme Court had provided interim relief last November saying "no coercive action" should be taken against him. The order then was seen as a shield against arrest till the final judgment was delivered on a writ petition by Gurung.

On Friday, the court said "no bias" could be proved by Gurung against the state government and dismissed his plea seeking transfer of the cases to the CBI, NIA or any "independent agencies" not under the control of the state government.

"The State is obliged to maintain law and order and to protect the lives and properties of the citizens. It has to take necessary steps to contain such agitations and restore peace," a bench of Justices A.K. Sikri and Ashok Bhushan said.

An observer in the hills said later: "Some of Gurung's supporters were hoping he would get relief from the Supreme Court and could return to Darjeeling. However, after the verdict, it is almost impossible for Gurung to continue with his political career, given the sheer number of cases and the serious charges."

'Sikkim won't help'

Mamata Banerjee on Friday claimed success in "restoring" ties with Sikkim, saying "the past is past" and securing an assurance that the neighbouring state will not help Gurung. The announcement followed a meeting in Siliguri between Mamata and her Sikkim counterpart Pawan Chamling.

"The past is past...They (Sikkim) are not going to give any support to them (the Gurung faction of the Morcha). They will give full support to Bengal and we will give full support to Sikkim," Mamata said after the hour-long talks.

Bengal police had gone looking for Gurung when he had reportedly taken shelter in Sikkim while in hiding after being accused of inciting violence in Darjeeling during last year's agitation. Sikkim police had claimed they were not informed about the swoop. Later, Chamling wrote to Union home minister Rajnath Singh backing the Gorkhaland demand, further upsetting Bengal.

On Friday, Chamling said all "misunderstandings are now a matter of the past". "From now, we will move together for better future and better relations."