Twin blows for Bimal Gurung as SC nixes plea, allows action

Amit Anand Choudhary | TNN | Mar 17, 2018, NEW DELHI: Holding that vandalism and destruction of property cannot be allowed in the name of protests, the Supreme Court on Friday expressed concern over law and order problems created by the Gorkha Janmukti Morcha (GJM) in Bengal during its agitation for a separate state and allowed the state government to take action against its leader Bimal Gurung who has been booked in 58 cases.

The apex court, which had earlier restrained the state from taking any coercive action against Gurung, allowed the state police to proceed against him and dismissed his plea, seeking transfer of probe in all cases to CBI. It said the freedom to air one’s view is the lifeline of democracy, which it is well-protected and guaranteed under the Constitution, but creating nuisance and disturbances while holding demonstrations are not permitted.

A bench of Justices A K Sikri and Ashok Bhushan refused to give credence to Gurung’s allegations that he was being falsely implicated by the West Bengal government. “The present case cannot be said to be a case of an individual's persecution by the state authority,” it said.

“It is very easy to make allegations of bias against a person but it is difficult to substantiate the same. In the present case, neither there are any pleading nor any material to come to a conclusion that state functionaries including police are biased against the petitioner. Thus, the allegations of the bias made against the state and police functionaries had to be rejected and petitioner cannot be permitted in saying that the FIRs lodged against him are result of a bias,” Justice Bhushan, who wrote the judgement, said.

“Freedom to air one’s view is the life-line of any democratic institution. The word freedom of speech must be broadly construed to include right to circulate one’s views ... Right of public speech is one form of expression which is also a part of freedom of speech and expression. Demonstrations- whether political, religious or social -or other demonstrations which create public disturbances or operate as nuisances, or create or manifestly threaten some tangible public or private mischief, are not covered by protection under Article 19,” it said. 

A total of 371cases of attack on police, unlawful assembly, arson, rioting, bomb explosion, use of firearms etc had been registered in Darjeeling, Kalimpong and Alipurduar.

Gurung had moved the SC which had given his protection by restraining police from arresting him. He contended that police at the instance of the state government was lodging FIRs only to quell the democratic and peaceful demonstration of his party. He told the court that alleged recovery of huge arms and ammunition were false.

The bench, after examining the evidence, came to the conclusion that the allegations were unsubstantiated and said that probe in those cases could not be transferred to CBI on the plea of the accused. “Distrust on whole state machinery and judicial system cannot be accepted. It is the responsibility of the state to maintain law and order and to protect the lives and properties of citizens. A state cannot abdicate its obligation,” the bench said.