BHARATI TAMANG Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner is the widow of one late Madan Tamang R/o Rhododendron Dell, District Darjeeling, West Bengal. According to the Petitioner, her husband, who was the President of a political party called Akhil Bhartiya Gorkha League (in short "ABGL"), was brutally murdered on the morning of 21st May, 2010 under the gaze of general public, police and security personnel by the supporters of rival party called Gorkha Jan Mukti Morcha known as "GJMM" and that after the brutal attack on the deceased Madan Tamang he was rushed to a nearby hospital where he was pronounced dead. Alleging that the whole investigation which was initially held by the State police and thereafter by the CID and later by the CBI, was faulty in every respect, the Petitioner has come forward with the following prayers in the writ petition:

(2.) We heard Mr. Mukul Rohatgi, learned senior counsel for the Petitioner, Mr. Ram Jethmalani learned senior counsel for the Respondents 10 to 15, Mr. Siddharth Luthra, Additional Solicitor General for CBI, Mr. Kalyan Kr. Bandopadhyay, senior counsel for State of West Bengal and Mr. K. Radhakrishna, learned senior counsel for the Union of India.

(3.) In order to appreciate the grievances of the Petitioner and also to note the various features involved in the prosecution proceedings right from the date of occurrence, namely, 21st May 2010 till this date, it will be necessary to note down the various developments and incidents that were brought out by the Petitioner, the CBI, as well as, certain orders passed by the Sessions Court, Darjeeling and certain orders passed by the High Court of Calcutta. It will also enable this Court to find out whether the prayer of the Petitioner deserves to be granted.