Calcutta High Court directs CBI to include Bimal Gurung’s name in chargesheet

Darjeeling: The Calcutta High Court on Thursday directed the CBI to include Bimal Gurung’s name in the chargesheet of Madan Tamang’s murder case.

On August 17, 2017, City Sessions Court Chief Judge Kundan Kumar Kumai had discharged Gurung from the case, rejecting the CBI’s contention that the Gorkha Janmukti Morcha (GJM) chief was involved in the conspiracy to murder the All India Gorkha League leader, who was one of his political opponents in the Darjeeling hills. Justice Subhendu Samanta of the Calcutta High Court, in his order, stated: “The alleged portion of the impugned order passed by the Learned Chief Judge, City Sessions Court, through which he discharged Bimal Gurung from this case is hereby set aside. The charge of this case is required to be framed against Bimal Gurung along with other accused persons.”

“In August 2017, Bharati Tamang, wife of Late Madan Tamang, had filed a revision petition in the Calcutta High Court against the order whereby Bimal Gurung had been discharged. Our prayer was to set aside the discharge order in favor of Bimal Gurung. In December 2023, the matter came up for hearing. Now, Bimal Gurung has to appear before the trial court,” stated Amar Lama, brother of Madan Tamang, speaking to Millennium Post.

Madan Tamang was attacked while overseeing preparations for a public meeting at Upper Clubside in the heart of Darjeeling town on May 21, 2010. He was declared dead at the Sadar Hospital there.

Incidentally, on October 13, 2013, the Supreme Court ordered the transfer of the case from the Darjeeling Court to the city sessions court, Calcutta, based on a petition by Tamang’s widow, Bharati Tamang, who claimed that GJM leaders were very influential and could intimidate witnesses. Gurung’s counsel had claimed he was in Kalimpong on the day of Tamang’s death and that the CBI could not provide any proof of his involvement in the conspiracy to kill Tamang.

However, the City Sessions Court directed that charges be framed against all other 47 accused, including Gurung’s wife, Asha and several other top leaders of GJM. All the accused had filed discharge petitions before the court, which passed the order after hearing their advocates and the CBI, which opposed the discharge petitions and prayed for framing charges against the accused.