The West Bengal government on Thursday told the Supreme Court that it has intelligence inputs including intercepts to back its charge of alleged involvement of Gorkha Janmukti Morcha (GJM) leader Bimal Gurung in the violence during in Darjeeling and Kalimpong. the agitation for separate Gorkhaland state.
“We have intelligence inputs including telephone intercept to support our charge of his involvement in violence including the use of weapons like AK-47 during the agitation,” senior counsel Kapil Sibal told the bench of Justice AK Sikri and Justice Ashok Bhushan at the fag end of an hour-long argument.
Seeking the transfer of investigation to the Central Bureau of Investigation (CBI) in 50 to 60 cases lodged against him by the West Bengal Police, Gurung told the court that the investigation by the state police is not going to partisan and justice becoming the victim.
“If feeling goes…that I have been unfairly investigated and persecuted, it would create further unrest and in public interest it (investigation) must go to an outside agency,” senior counsel PS Patwalia, appearing for Gurung, told the court citing several judgments of the top court wherein similar situations, the court had handed over the investigations to the CBI.
Telling the court that different FIRs filed against his client were proforma FIRs with identical wording, he said Gurung would be chasing these cases these cases for next two decades and would be behind the bar for five to six years. The court was told that the state government was out to split the agitation for separate Gorkhas state.
But the court said that if they are proforma FIRs, then it would be in all the cases.
The top court, by its 20 November order, had said that “no coercive steps shall be taken against the petitioner (Bimal Gurung)” and the West Bengal Director General of Police later moved the top court to seek modification of the order.
Since the arguments by Patwalia were inconclusive, the court directed the further hearing on 4 December.