Plea In Calcutta HC Challenging WB Govt's Decision To Withdraw Cases Against Gorkha Janmukti Morcha's Bimal Gurung

A Public Interest Litigation (PIL) has been moved before the Calcutta High Court, challenging the West Bengal Government's decision to withdraw Criminal cases against Gorkha Janmukti Morcha founder president Bimal Gurung.

The Plea, filed by one Ankur Sharma, a Law Graduate, and a Social Activist through Advocate Sushovon Dey, states that he is disturbed by the news of the Invocation of the powers under Section 321 CrPC "arbitrarily by the State Government to Order to withdraw the Criminal Cases against the leaders closer to the ruling dispensation."

The Plea further states that the withdrawal of cases took place after Bimal Gurung, who has hundred of cases registered against him including cases under the UAPA after his announcement of forming an alliance with the Trinamool Congress, the ruling dispensation of the State.

Referring to a news report, the petitioner has stated that Bimal Gurung was on the run following the agitation for statehood due to which he was charged with more than 150 cases for his alleged involvement in the agitation of 2017 and further, as alleged by the petitioner, he was spotted outside Gorkha Bhawan in Salt Lake, the Police were present there but did not arrest him and while speaking to the media, Gurung vowed to support TMC.

In this backdrop, the Plea also states,

"The respondent authorities ought not to have shown sympathy towards a notorious miscreant and rather should have immediately arrested him but for unknown reasons the authorities failed to uphold the rule of law by leaving him scot-free."

The plea alleges, again while referring to a news report, that Bimal Gurung was on the run for more than 3 years in now "breathing a sigh of relief after joining hands with the TMC".

Further, the plea questions the Act of State Government to withdraw cases against Gurung and alleges that it is laying a negative impact on the Public about the Law & Order situation of the State and that the petitioner found it pretty disturbing to the effect that Gurung might also pose a threat to peace and fair polling.

Significantly, the Plea states,

"In absence of any particular guidelines related to exercise of powers under Section 321 CrPC, the party in power always gets a benefit of exercising the power in an arbitrary manner to safeguard either party workers or persons who are close associates of the Party in Power."

Therefore, the plea states that if the Court doesn't decide to formulate a guideline so that powers under Section 321 of CrPC can be exercised in a logical fashion, the said power will continue to be exercised arbitrarily by the Party in Power.

Prayers of the plea:-

• To take stern steps to place the law in its true spirit by arresting Gurung against whom several warrants of arrest were issued and pending execution
• Direction to respondents to provide details of all cases that have been withdrawn by the State Government against him since September 2020 till the date of announcement of 2021 Polls.
• Direction to respondents to immediately cancel/quash/rescind orders/sanctions relating to withdrawal of any of the cases against Gurung.
• Direction to respondents to transmit all the records related to withdrawal of cases against Gurung.