Madan Tamang`s murder case: SC stays criminal proceedings
Supreme Court on Monday stayed trial court proceedings in Gorkha leader Madan Tamang murder case in West Bengal in the wake of allegation that CBI repeatedly failed to appear in court to oppose bail plea of the accused.
New Delhi/Kolkata: Supreme Court on Monday stayed trial court proceedings in Gorkha leader Madan Tamang murder case in West Bengal in the wake of allegation that CBI repeatedly failed to appear in court to oppose bail plea of the accused.
"The proceedings before the trial court (Darjeeling) will be stayed," a bench comprising Chief Justice Altamas Kabir and justices FMI Kalifulla and Vikramajit Sen said.
The bench also sought response of the Centre and West Bengal Government on a plea of Bharati Tamang, wife of slain leader Madan Tamang, seeking handing over of the probe from CBI to Special Investigating Team (SIT) or the National Investigation Agency (NIA).
It also sought response within three weeks from CBI on the allegation that due to non-appearance of the agency in the trial court, the accused were granted bail on different occasions.
Senior advocate Mukul Rohatgi, appearing for Bharati, also sought shifting of the trial to a court in neighbouring Assam.
While seeking stay of the proceedings in the trial court, he said it was necessary as the case is in the stage of framing of charges.
"Trial court is in haste in framing the charges," he submitted and claimed that due to non-appearance of the CBI, trial court in its order has been recording wrong information while granting bail to the accused who have allegedly misrepresented the facts.
Tamang, who was the President of All India Gorkha League, was killed on May 21, 2010 in Darjeeling allegedly by "a group of about four hundred supporters of Gorkha Jan Mukti Morcha (GJMM) carrying deadly arms" when he was overseeing preparations for a public meeting.