SC Rejects GJM President’s Plea To Transfer All Cases Pending Against Him, Other Members To CBI/NIA [Read Judgment]

Transfer of investigation of such large number of cases enmass is neither practicable nor justified, it said.

The Supreme Court has dismissed plea of the president of the Gorkha Janmukti Morcha (GJM) seeking transfer of investigation of all First Information Reports lodged against the petitioner and other members of the GJM, to the NIA/CBI.

GJM president Bimal Gurung, in his writ petition filed before Supreme Court, submitted that there is a genuine fear of bias and prejudice against him and all members of GJM and the investigation being carried out against the members of GJM is clearly politically motivated and directed by the Government of West Bengal. He also submitted that that there are around 300 FIRs registered against the members and supporters of GJM.

Referring to an order passed by Calcutta High Court, the bench comprising of Justice AK Sikri and Justice Ashok Bhushan observed that situations in districts of Darjeeling and Kalimpong were deteriorating and insurgency and violent agitations were continuing unabated.  “The protest no longer remained peaceful and democratic. The allegations made of the offences with regard to which various 47 FIRs have been lodged cannot be rejected as false and concocted as contended by the petitioner. On the record there is sufficient material to indicate the severe damage to live and property.”

The court, however, clarified the legal position by observing thus: “When transfer of one case is permissible, number of cases may not be an impediment in transfer of more than one case. Even if only those cases are to be taken into consideration where the petitioner is named accused, there are no such special grounds made out in the writ petition on which even those cases be considered for transferring the investigation.”

The bench further observed: “The present case is a case where the petitioner as Leader of GJM is a spare heading an agitation against the State demanding a separate State-hood. The State is obliged to maintain law and order and to protect live and property of the citizens. It has to take necessary steps to contain such agitation and restore the peace. The cases lodged in the FIR submitted at the instance of the Police or other complainants cannot be discarded on the specious pleas that they have been lodged due to bias of the State and with the intent to persecute the petitioner.”

The bench also said the allegations of the bias made against the state and police functionaries had to be rejected and petitioner cannot be permitted in saying that the FIRs lodged against him are a result of a bias of the state or police personnel. “The present case cannot be said to be a case of individual's persecution by the State authority,” the bench observed while dismissing his plea.