The Telegraph
Thursday , October 10 , 2013
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ABGL vow for justice

Darjeeling, Oct. 9: The Akhil Bharatiya Gorkha League today said it was determined to end the culture of “political murders” in the hills and the party would leave no stone unturned to ensure that justice was provided to the family member of Madan Tamang, a day after the Supreme Court transferred the trial of the murder case to Calcutta from Darjeeling.

The Supreme Court was hearing a writ petition filed by Bharati Tamang, wife of slain ABGL chief Madan, who had alleged that the investigation was being carried out in a partisan manner by the CBI.

Madan had been hacked to death on May 21, 2010 by alleged Gorkha Janmukti Morcha activists in Darjeeling.

Pratap Khati, the general secretary of the party, said: “We are very happy with the Supreme Court ruling. Even though we cannot get back our leader Madan Tamang, we are determined to end the culture of political murders in the hills. We will leave no stone unturned to ensure the people involved in political murders do not go scot-free.”

Khati said apart from the trial being shifted from Darjeeling to Calcutta, the ABGL was happy that the presence of a transcript of a telephonic conversation between senior Gorkha Janmukti Morcha leaders, including Morcha president Bimal Gurung and Roshan Giri, before and after the murder was not disputed by the CBI in court.

“None has disputed the fact that such a transcript exists,” Khati said.

The Supreme Court in its observation said the CBI in its counter affidavit had declared that “the hard disc used by the Intelligence Bureau of West Bengal for recording the telephonic conversation of intercepted numbers of different leaders/activists of GJM was cloned and sent to Central Forensic Science Laboratory, New Delhi”.

The Supreme Court, however, has not passed any opinion on the existence of the transcription or about the truthfulness or otherwise of the contents.

The Supreme Court said Bharati’s submission, that the transcription gives sufficient clues to effectively proceed with the case, “deserves consideration.”

The court has also observed: “Prima facie, we want to make a note of the existence of the transcripts, in as much as, even the prosecution agency, namely, the CBI does not dispute about its existence as well as its authenticity, though its awaits the outcome of the Forensic Report.”

Bharati had pleaded before the court that the investigation should be entrusted to NIA or any other agency as the CBI was acting in a partisan manner. The court turned down this plea, allowing the CBI to continue with the probe. But the apex court has asked Rajiv Mishra, joint director of the CBI, to monitor the case closely.

The apex court also said in its order that the case in the court of the sessions judge, Darjeeling, shall be transferred to the principal district and sessions judge of the Calcutta civil and sessions court and that trial shall not proceed till the CBI concludes its further investigation and submits a comprehensive report preferably within three months.