Provandu Narayan Sinha, J. - (1.) This is an application under Section 407 of Cr. P C. filed by the petitioners praying for transfer of Sessions Case No.7 of 2002 from the Court of learned Sessions Judge, Darjeeling to a competent Court of co- ordinate jurisdiction beyond the District of Darjeeling.
(2.) The petitioners case, in brief, is that they have been arraigned as accused persons in connection with Kurseong P.S. Case No. 9 dated 10.2.2001 under Sections 120B/34/302/307/326 of Indian Penal Code read with Sections 25/27/29/35 of the Arms Act and Sections 3 and 4 of the Explosives Substance Act read with Section 3 of the Prevention of Damage to Public Property Act. In the instant case there was an attempt made on the life of Shri Subhas Ghishing; Chairman of the Darjeeling Gorkha Hill Council (hereinafter called as DGHC) and due to this supporters of Gorkha National Liberation Front (hereinafter called as GNLF) started violent agitation in the District of Darjeeling as a result of which normal life was completely dislocated. They in course of their appearance before the Court below found it difficult to appoint counsels to appear on their behalf due to the pressure exerted on the Advocates of the District of Darjeeling by the supporters of Shree Ghishing. The investigating agency after completing investigation filed charge sheet No. 17 dated 11.5.2001. The petitioners filed application before the High Court praying for their release on bail and the High Court was pleased to direct release of the petitioners on bail. Before their physical release could be effected on the basis of bail bonds, State of West Bengal moved an application before the Hon'ble Supreme Court praying for cancellation of their bail.
(3.) In course of hearing of the special leave petition the Supreme Court of India called for case diary of the Kurseong P.S. Case No.9 of 2001 vide order dated 24.9.2001 and the learned S.D.J.M. Kurseong directed the Court Inspector to produce the case diary before the Supreme Court. Thereafter, on several occasions copies of documents intended to be relied upon by the prosecution could not be supplied to the petitioners as the case diary had been sent to the Supreme Court. The prosecution started exerting tremendous pressure upon the S.D.J.M., Kurseong for commitment of the case to Court of Sessions. Learned S.D.J.M. vide order dated 14.12.2001 held that commitment of the case was not possible as copies required to be supplied to the accused persons under Section 207 of Criminal Procedure Code cannot be supplied to the petitioners as the case diary was lying before the Supreme Court. In spite of that the S.D.J.M., Kurseong by his order dated 16.2.2002 committed the case to the Court of Sessions without complying with the provisions of Section 207 of Criminal Procedure Code. The petitioners were released on bail after the Supreme Court dismissed the special leave petition on 4.4.2001.;