BIMAL GURUNG Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, the President of Gorkha Janmukti Morcha (hereinafter referred to as "GJM"), has filed this Writ Petition under Article 32 of the Constitution of India praying for transfer of investigation of all First Information Reports lodged against the petitioner and other members of GJM, to any independent investigation agency. In the Writ Petition, following prayers have been made by the petitioner:-

(2.) The petitioner's case in the writ petition is that GJM led by the petitioner, has been at the forefront of the Gorkhaland agitation since 2007. GJM is a registered political party, which has also participated in the municipal elections, elections of autonomous body of GTA (Gorkhaland Territorial Administration), Lok Sabha elections and West Bengal assembly elections. On 18.07.2011, A Tripartite accord was signed between the State of West Bengal, Ministry of Home Affairs, Government of India and Gorkha Janmukti Morcha for setting up an autonomous body (Gorkhaland Territorial Administration - "GTA"), empowered with administrative, financial and executive powers with regard to various subjects. The Gorkhaland Territorial Administration Act, 2011 was enacted to provide for the establishment of a Gorkhaland Territorial Administration for the region comprising the three sub-divisions, Darjeeling, Kalimpong, Kurseong and some mouzas of Siliguri sub- division in the district of Darjeeling and for certain matters incidental thereto. The petitioner's case is that on 15.05.2017, Hon'ble Minister of Education, Government of West Bengal in a press conference stated that Bengali would be compulsory in all schools in West Bengal. The Gorkhas viewed this as an encroachment on their language, i.e. Nepali/Gorkhali. A Facebook post dated 16.05.2017 made by the Chief Minister of West Bengal has also been referred to, which mentions that one of the three languages would have to be Bengali. The above has been stated to be beginning of protest carried on by different associations of Gorkhas and the GJM.

(3.) On 30.05.2017, GJM claimed to convene an indoor meeting of various intellectuals to assess their views. Petitioner claims that several persons have been wrongfully booked under Sections 120-B , 153A , 505 and 34 Indian Penal Code (hereinafter referred to as " I.P.C ."). Petitioner alleged that further FIRs have been lodged against the petitioner and other GJM members on 06.06.2017 and thereafter. Petitioner in the writ petition has pleaded that there are around 300 FIRs, which has been registered against the members and supporters of GJM. In Annexure P-4, the petitioner has given a list of available FIRs against Bimal Gurung and others detailing 112 FIRs, out of which in 31 FIRs, the petitioner- Bimal Gurung is named. The FIRs relates to various offences under I.P.C .; Prevention of Destruction of Public Property Act; Arms Act ; the Unlawful Activities (Prevention) Act , 1967; Indian Explosives Act ; WBMPO Act and National Highways Act . In different FIRs, offences ranged from offences under Sections 121 , 121A , 143 , 148 , 149 , 153A , 186 , 189 , 323 , 324 , 325 , 326 , 307 , 332 , 333 , 353 and 302 I.P.C.