Madan Tamang Murder Case

The Supreme Court, in a landmark judgment today, which legal experts have described as equally important as the verdict on the Gujarat riots, has issued many significant orders in response to the petition filed by Bharati Tamang over the gruesome murder of Madan Tamang, her husband and Akhil Bharatiya Gorkha League president, on May 21, 2010.

In its 43-page judgment that at the outset gives a brief on the background of the case, the apex court lays down that “having noted the above features in the case of the prosecution and considering the grievances expressed by the petitioner, the Supreme Court finds force in the submission of petitioner Bharati Tamang”.

The apex court has accordingly agreed to appoint an independent Special Investigation Team comprising senior officials to conduct the investigation into the conspiracy and murder of Tamang and alternatively, for further or fresh investigation by a CBI officer of the level of DIG, or for direction to entrust the investigation to the National Investigation Agency.

Secondly, the Supreme Court has clearly stated that the prosecution, either by the state police or the CID and after it was taken over by the CBI, was not carried out in a satisfactory manner. Citing the incident of the escape of prime accused Nicole Tamang from CID custody, the apex court has described it as a serious lapse. Further, to the continued absconding of several accused persons, the Supreme Court holds “the relevant circumstance which gives room for suspicion in the mind of the court as of the genuineness with which the prosecution was being carried out”.

The court also clearly states that the prosecution agency is reminded of its responsibility and duties in the effective and efficient discharge of its functions and to ensure that the criminal prosecution is carried on effectively and the perpetrators of crime are duly punished by the appropriate court of law.

Finally, the Supreme Court has issued a few very significant directions. It says “the pending session’s case on the file of the session judge, Darjeeling shall be transferred to the Principal District and Session Judge of the Calcutta Civil Session Court”.

The investigation shall continue to be carried on by the CBI, but shall be monitored by Rajiv Singh, Joint Director of the CBI, it added.

The SC has also asked the CBI to ensure all required evidence is gathered by proceeding to make future investigations in order to ensure no stone is left unturned and all the accused involved in the crime are brought before the court for being dealt with in accordance to the law.

The SC has asked the Principal District Session Court of the Calcutta Civil Session Court to file a comprehensive report to be filed preferably within three months from the date of the pronouncement of its order dated October 8, 2013.(EOI)