The Supreme Court has upheld the bail granted to Prakash Gurung, a leader of the Indian Gorkha Janshakti Front (IGJF), and his right to take part in any agitation, political gathering, or protest meeting.

Prakash is a former elected member of the Gorkhaland Territorial Administration (GTA) Sabha and once the president of the youth wing of Bimal Gurung's Gorkha Janmukti Morcha. Prakash is an accused in a case related to the murder of police sub-inspector Amitava Mallik during the 2017 Gorkhaland agitation.

The Bengal government had filed a special leave petition in the Supreme Court challenging the April 7, 2025, decision of Calcutta High Court's Jalpaiguri circuit bench to grant bail to Prakash. He had been arrested by Darjeeling police on March 8.

While granting the bail, the high court set certain conditions. The court said Prakash “shall not enter Darjeeling district except Siliguri” and the petitioner shall reside in Siliguri and meet the officer-in-charge of the Siliguri police station once a week “until further orders”.

Another condition was that “he shall not take part in any agitation or in any political gathering or any protest meeting”.

Prakash's lawyer Janardhan Periwal said that he had again moved Calcutta High Court for modification/relaxation of the bail conditions and received a favourable verdict on September 10.

“Furthermore, participation in political rallies and gathering is not only a matter of personal liberty, but also a facet of the fundamental right guaranteed by the Constitution of Indian,” the court observed stating that “the condition restraining the accused from participating in political rallies has outlived its purpose and its continuance would curtailment of his legitimate rights,” the high court said in the September 10 verdict.

While hearing the case filed by the Bengal government against the bail relief, the Supreme Court on Wednesday said that “we are not inclined to interfere with the earlier order passed by the High Court granting him bail”.

The Supreme Court, however, added that even if Prakash took part in political activities, “he shall not, in any manner, contribute to a law and order situation or to any breach of peace, be it by his actions or by his words, written or spoken”.

However, the bar on Prakash's entry to the Darjeeling hills will stay.

Prakash is a member of the central working committee of the IGJF.

Ajoy Edwards, the chief convener of the IGJF, said in a Facebook post that the government had moved the Supreme Court for the cancellation of the bail because Prakash was a member of IGJF.

“It is evident that this was a targeted action because of his membership in IGJF. Attempts to claim I am aligned with TMC are unfounded and this case further demonstrates the pressure being applied to IGJF,” wrote Edwards.