The Supreme Court today agreed to examine a plea of the GTA,
challenging the Bengal government's refusal to transfer administrative
powers and various subjects to it despite a tripartite agreement reached
with the state and Union governments in 2011.
However, the bench headed by Chief Justice T.S. Thakur asked senior
counsel P.P. Rao and counsel Shamik Sanjanwala appearing for the GTA
member Binay Tamang to place before the court the notification issued by
the Bengal government in 2011, promising transfer of power in terms of
the memorandum of understanding reached at the tripartite meeting.
Tamang had filed the plea.
The court granted two weeks to the petitioner to place before it a
copy of the notification. Tamang's petition said the petition became
necessary because of "unreasonable, arbitrary and illegal actions and
omissions on the part of the respondent state government of West
Bengal". It said the state government was "impinging upon the
fundamental rights of the Gorkha people living in the hill areas of the
district of Darjeeling".
The petition said that in utter disregard of the MoU and the GTA act,
the state government has been reticent in fully transferring the
department and subjects mentioned in the MoU and the act.
As a result of the same, the state government has failed to fulfil its promise, the petition said.
Besides the Bengal government, the petition has sought issuance of
notices to the Centre and the Morcha for their response on the issue. But
the court did not issue any formal notice today.(TT)
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