CBI serves notice to Bimal Gurung and other Morcha leaders to appear in Calcutta Court
Darjeeling, July 23 : A CBI team arrived in Darjeeling on Sunday armed with a Calcutta High Court order that Bimal Gurung and others accused in the Madan Tamang murder case have to appear before the Chief Judge, City Sessions Court, Calcutta on Monday.
The four member CBI team led by DSP BK Pradhan with the help of the police went around serving the notices. The notices were pasted in the premises of the accused they could not meet in person.
The list included GJM President Bimal Gurung; General Secretary Roshan Giri; Assistant Secretary Binay Tamang and others. When questioned on whether the notice has been served to Gurung, Pradhan talking to Oneindia stated "We have sent some persons to serve the notice."
The notice served by the Special Crime Branch, CBI states "By Hand." The notice states "The Hon'ble High Court vide order dated 19.07.2017 has issued the following directions to the CBI: "We therefore, direct that on 24th July , 2017 the CBI shall ensure the presence of all accused persons in the Trial Court , as directed by the Division Bench of this Court and other connected matters on 14th December 2016 so that the process of framing of charge can progress further and be completed.
In view of the above you are therefore, directed to appear before the Court of Ld. Chief Judge, City Sessions Court, Calcutta on 24.07.2017 at 10am, the date already fixed for consideration of charge ..." The notice is signed by Pradhan.
Though the Morcha leaders remained tight lipped regarding the notice, there were no reports of the leaders departing for Kolkata. Sources state that the GJM leaders fear that they could be arrested in Kolkata as they are charged in multiple cases in connection with the ongoing agitation in the Hills.
Earlier Binay Tamang talking to media persons had warned that situation would become uncontrollable in the Hills if the Morcha leaders are arrested in Kolkata.
Incidentally on July 19 Calcutta High Court had directed the city sessions court to frame charges against GJM President Bimal Gurung and 21 others in the Madan Tamang murder case by August 17.
The division bench comprising of acting Chief Justice Nishita Mhatre and Justice Tapabrata Chakraborty while hearing PILs on the ongoing indefinite bandh in the Hills had earlier added the CBI in the case.
The division bench had asked the investigation agency to file an affidavit as to why the CBI has failed to take steps to ensure that GJM President Bimal Gurung, his wife Asha Gurung and several others accused in the killing of All India Gorkha League leader Madan Tamang are not present in Kolkata as was directed by another division bench of the high court.
Madan Tamang had been brutally assassinated on May 21, 2010 at the Upper Clubside, Darjeeling while overseeing preparation of a public meeting. The case was handed over to the CBI.
In May 2015 the CBi submitted a charge sheet naming 54 persons including Bimal Gurung, Asha Gurung, Roshan Giri and BinayTamang. 22, including Gurung, Giri, Tamang had moved anticipatory bail pleas in the Calcutta high court.
A division bench headed by Justice Ashim Roy had in December 2016 had granted the Morcha leaders anticipatory bail but had specified that the trial against the accused would be conducted by a special CBI court in Calcutta and they would have to stay in the city (within the jurisdiction of Kolkata metropolitan police) from the time of framing of the charges and till the completion of trial.