SC disposes off GJM leaders' plea seeking protection from arrest till polls

ANI, New Delhi, Apr 3, 2019: The Supreme Court on Wednesday disposed-off petition of two Gorkha Janmukti Morcha (GJM) leaders Roshan Giri and Bimal Gurung seeking interim protection for three weeks to allow them to participate in the campaigning for the ensuing Lok Sabha polls.

A bench of the apex court headed by Justice Arun Mishra asked the GJM leaders to approach the Calcutta High Court for interim relief within four days.

The Supreme Court also asked Calcutta HC to expeditiously dispose-off the matter, adding that "no coercive action should be taken till the matter is being heard by the Calcutta HC".

On Tuesday, a division bench headed by Justice Arun Mishra and comprising of Justice Navin Sinha had reserved the judgment in the matter for today.

During the course of hearing, former Attorney General (AG) and senior advocate Mukul Rohatgi appearing for the petitioners, had sought protection from arrest till election for Darjeeling seat, as they wanted to campaign for the ensuing polls.

Rohatgi had alleged that the other faction of GJM led by Binoy Tamang has aligned with Trinamool Congress and supporting their candidate.  "There is no substantial case against my clients hence, they should be given interim relief," Rohatgi had said.

Countering the claims of the defence, senior advocate Kapil Sibal, appearing for the West Bengal government, had said, "No relief could be given to the duo as there are many criminal cases pending against them."

"Both of them are proclaimed absconded offender," Sibal had told the bench while handing over a phone recording of Gurung in a sealed envelope.

On March 21, the court had asked the accused persons to file their respective replies as to how many criminal cases are registered and dropped against them in the state of West Bengal. 

According to the police, Gurung is allegedly involved in more than 30 criminal cases.