Freedom to act on Gurung other than Madan Tamang murder case

Justice Asim Kumar Roy of Calcutta High Court today issued an interim order giving police the liberty to take appropriate action against Gorkha Janmukti Morcha president Bimal Gurung and his associates if fresh complaints are lodged against them in any case other than the Madan Tamang murder.

In response to a plea by Madan's widow Bharati Tamang, the judge said: "If any person lodges a fresh complaint against Gurung and his associates, except Madan Tamang murder case, the police would have the liberty to take action against Gurung and the others on the basis of that fresh case."

Earlier, the judge had issued an interim order asking the police not to arrest Gurung and 21 leaders of his party in the Madan Tamang murder case till its disposal.

A CBI investigation had named Gurung and the 21 others as accused in Tamang's murder in May 2010.

Apprehending arrest in this connection, Gurung and the others had moved anticipatory bail petitions before Justice Roy, which is pending.

In her petition today, Bharati alleged that since the judge had issued an interim stay on the arrest of Gurng and the others, the police was not taking action against them in fresh cases also.

Moving the petition, Bharati's counsel Amitesh Banerjee alleged before Justice Roy: "My client (Bharati) and her party men have been receiving regular threats from Gurung and other GJM workers. When my client is approaching, the police are saying since the high court had issued the interim order, they have no right to arrest Gurung and his associates."

After hearing Banerjee, the judge issued the fresh interim order.

The hearing of the anticipatory bail pleas by Gurung and the others are not taking place as additional solicitor-general Manindra Singh Gill, who is appearing in the case on behalf of the CBI, is not in a position to give time to Calcutta High Court.

Though the hearing in the case has been fixed on Wednesday, CBI sources said Gill would not be available before April 6.

When Bharati's counsel asked the judge what would his client do if the police do not take action even after today's order, he replied: "Your client has the liberty to move this court and inform me about the development."