Madan Tamang murder case - Frustrated CBI waits for govt nod to prosecute cops

The Central Bureau of Investigation (CBI) is “frustrated” over the West Bengal government’s delay in giving the agency the nod to prosecute three CID officials in connection with the escape of Nicol Tamang, the prime accused in the murder of Gorkha league leader Madan Tamang.

The CBI had sent the proposal to the state government in April this year to prosecute A S Pahari, former investigating officer (IO) of the CID who was probing the Madan Tamang murder case, Sub-Inspector Anirudha Chatterjee and Constable Arabinda Kumbhakar.

With the government nod yet to come, the agency has failed to file a chargesheet. The agency says that without getting the nod from the state government under Section 197 of the CrPC to prosecute the three CID officials, it can neither file a chargesheet nor question the three policemen whom they feel were responsible for the escape of Nicol. Interestingly, the CID is yet to take action against its three personnel. Last hear, Pahari was transferred from CID to West Bengal Police and posted in Asansol.

The Home Department, which received the CBI’s request in April, later sent the file to Law Department seeking its opinion. In June, the then SP of CBI, Kolkata, met the former law minister Malay Ghatak and requested him to give the sanction for prosecuting the trio.

However, nothing came out of it. In the last reshuffle, Ghata was moved out of the Law Department and Chandrima Bhattacharjee was made Law minister.

Asked about the status of the CBI’s request, Bhattacharjee said her department is looking into it. She also the passed the buck to the Home Department, which is headed by Chief Minister Mamata Banerjee. “The Home Department is dealing the matter,” she added.

On the other hand, an official of the CBI told The Indian Express that the agency had completed its investigation but did not filed the chargesheet for the “non-responsive attitude of the state government”.

According to the source, CBI also contacted senior officials of the Home Department and Law Department recently to get the nod to prosecute the trio, but in vain.

The CBI had taken over the probe on December 20, 2010 to trace Nicol after an order passed by the Calcutta High Court on a petition filed by Pema, wife of Nicol. Pema alleged that the CID had abducted her husband. During the probe, the CBI suspected that A S Pahari was responsible for the missing of Nicol, who escaped from his custody on August 22, 2010 morning from Pinatal village in Siliguri.

Nicol Tamang (above), the prime accused in the killing of Gorkha leader Madan Tamang, escaped from the CID’s custody in 2010.

In its status report submitted to the High Court, CBI stated that the CID team brought Nicol to its camp office at Pintal village from Darjeeling on August 18, 2010. On August 21, the CID team led by Pahari interrogated Nicol till 10.30 pm. Next morning, Nicol, who was kept handcuffs free, escaped on the pretext of going to bathroom even though an S-I and constable was deployed outside the bathroom.

Source: indianexpress