Bimal Gurung vs Union Of India

6. The petitioner is directly named in 31 FIRs. There is a genuine fear of bias and prejudice against petitioner and all members of GJM and the investigation being carried out against the members of GJM is clearly politically motivated and directed by the Government of West Bengal. The language in FIR No. 182 of 2017 dated 19.08.2017 and another FIR No. 8 of 2017 dated 24.08.2017 lodged at another police station, which is 44 Kms away narrated two different incidents of alleged blasts. However, the language used in both these FIRs is identical clearly indicating that a draft has been circulated to the police directing them to register FIRs relating to blasts. Writ petitioner pleads that 11 members and supporters of GJM have been killed. On 10 the aforesaid facts and grounds, prayers as noted above have been made in the writ petition.

7. This Court issued notice in the Writ Petition on 20.112017 and directed that in the meantime no coercive steps shall be taken against the petitioner. The State of West Bengal filed an application to recall the order dated 20.11.2017 referring to 53 cases pending against Bimal Gurung and 24 under trial cases. The reply to the aforesaid I.A. has been filed by the petitioner dated 23.11.2017. Rejoinder Affidavit on behalf of respondent Nos. 2 to 9 in reply to the counter affidavit filed by the petitioner in I.A. No. 125288 of 2017 has also been filed. A detailed counter affidavit has been filed by the State of West Bengal to which a rejoinder affidavit has also been filed.

9. The respondent’s case in the writ petition is that in the year 2007, Gorkha Janmukti Morcha (GJM) led by Shri Bimal Gurung started the agitation for Gorkhaland State, which ended in year 2011 after constitution of Gorkhaland Territorial Administration Act. Agitation has been launched by GJM led by Bimal Gurung, since the month of May/June, 2017 by stoking the passion of common public on the alleged language issue. In the counter affidavit, it has been claimed that GJM protested against the alleged imposition of Bengali language on the hill by the State Government, though, there 13 was no notification by the Government to that effect. The GJM led by the petitioner continued with their agitational program which took the shape of violent agitation on 08.06.2017 when GJM party, led by petitioner-Bimal Gurung staged violent demonstrations in front of Bhanu Bhawan, Darjeeling, where State Cabinet, led by Chief Minister was holding a meeting. The mob breached the first barricade and proceeded towards the second. They threw stones and bombs. A few supporters of GJM also fired upon the police. To disperse the unlawful assembly the police had to resort to various measures. 7 police vehicles, a police assistant booth, private vehicles and NBSTC bus was burnt and many police personnel including PSO to the ADG, North Bengal were injured. On 15.06.2017, on receipt of specific information, Police party raided party office of GJM at Patleybash, Darjeeling, where two improvised fire arms, gun powder and other incriminating articles were seized. Police parties were attacked by supporters of GJM on several 14 occasions, reports of which instances were lodged to control the rampant mob. The District Magistrate, Darjeeling had requisitioned Army on 08.06.2017 for aid to civil authority in view of local disturbances in order to prevent loss of life and property of residents and visitors. Army aid in that phase continued till 24.06.2017. Again Army was requisitioned on 08.07.2017 in Darjeeling and Jorbunglow PS areas for the same purpose. Further Army Aid was requisitioned again on 18.07.2017 in Darjeeling, Jorbunglow, Kurseong and Mirik Police Station. Further, during this period, additional contingent of 11 companies of CAPF were deployed in the hills in addition to 4 companies of CAPF already deployed in the area to bring the law and order situation under control.

13. Petitioner has filed a rejoinder affidavit again reiterating the prayer for independent investigation. Petitioner’s case is that petitioner is a well known political leader and he is being persecuted by the State and its agencies. The petitioner was provided police protection prior to June, 2017. The petitioner further pleads that cases against the petitioner originating prior to 2017 should be withdrawn as per GTA Act, 2011. He has also referred to clause 29 of Tripartite agreement entered in the year 2011. Petitioner’s case is that all cases registered post May, 2017 are lodged with an intention to pressurize and threaten the members of GJM and to quell the legitimate political movement of the Gorkha people, who are seeking a separate State to protect their identity, existence and interests. The Government of West 20 Bengal has dealt with absolute high handedness to quell the democratic and peaceful agitation. Almost all cases are registered by the State Police, by taking suo-moto cognizance of fabricated instances, simply to bring the petitioner in custody and quell the legitimate political movement. The investigations are over and some of the FIRs and charge sheets have been filed, which have been also annexed in the counter affidavit, which clearly shows that conspiracy to charge the petitioner in all those cases are present since from beginning and no real investigation has actually taken place. The weapons recovered are sealed and stamped packets, which weapons were merely planted by the police from some malkhana. Cases registered of bomb blasts under the Unlawful Activities (Prevention) Act are all false and were registered when the petitioner was discharged from the trial court from the murder of one Mr. Madan Tamang on 17.08.2017. Execution of Dawa Bhutia, by illegally entering into the State of Sikkim. On 01.09.2017, the West Bengal Police, led 21 by Superintendent of Police, Mr. Yadav, Kalimpong went deep inside at Namchi, Sikkim and shot one person named Dawa Bhutia, without any provocation, against which a FIR has been registered by Namchi Police Station against police personnel headed by S.P., Kalimpong. Death of certain supporters of GJM has also been mentioned in the rejoinder affidavit and name of 11 persons have been given, who died allegedly by various police actions. Petitioner further stated that respondents have continued to commit atrocities on innocent supporters of GJM. It is further alleged that police officials are picking and choosing the supporters of the petitioner and threatening them to surrender and change their allegiance to a leader sponsored by the State Government.

35. Before any further discussion we record a note of caution. In the present case we are not called upon to express any opinion as to whether allegations made in FIRs which have been lodged against the petitioner and other supporters of GJM are true or false. The issue is as to whether, as prayed by the petitioner, investigation in such cases are required to be transferred to a central investigate agency. Thus our observations are only in reference to answer the prayer made in the writ petition. Our observation is not to be treated as any expression of opinion on the allegations made in FIRs. We do not express any opinion either in favour or against the petitioner with regard to the allegations made in various FIRs. Our observations shall not influence any investigating agency or any 45 Court which happen to deal with the criminal cases which are referred to in the writ petition.

2. Petitioner in the writ petition has stated that Case No.213   has   already   been   registered   in   P.S.   Sadar   in which charge­sheet has also been submitted and trial is going   on.   In   so   far   as   trial   of   criminal   case   is concerned the law shall take its own course. In so far as other reliefs, we are of the view that it is open for the   petitioner   to   approach   respondent   No.2   for appropriate relief.

3. By granting the aforesaid liberty to the petitioner, the writ petition is dismissed.