- (1.) Mr. Dastoor, learned Senior Counsel appearing for the petitioners in the cases submits that his clients are victims of political victimization by the ruling political party in the State of West Bengal.
(2.) Over the issue of compulsory imposition of Bengali language in the government schools in the district of Darjeeling as proposed by a Minister of the State Government in and around May, 2017, a resistance group organised protests in the Nepali speaking sub-divisions of the said district. In order to quell such popular demonstrations, police unleashed brute force on a large number of supporters of Gorkha Janmukti Morcha, the political outfit of the petitioners, resulting in deaths of a number of protesters in police firing. Instead of prosecuting the police officers for extra-judicial killings, a spate of criminal case were instituted against the leaders of Gorkha Janmukti Morcha including one Binoy Tamang. It is further submitted under pressure of political persecution Binoy Tamang changed sides and has been rewarded by exoneration from criminal investigation/prosecution and was made Chairman of Gorkhaland Territorial Administration, an autonomous body which was set up to administer sub-divisions of Darjeeling, Kurseong and Kalimpong in the then district of Darjeeling pursuant to a tripartite agreement between the aforesaid political outfit, Government of West Bengal and the Central Government.
(3.) On the other hand, the petitioners who continued to resist the undemocratic stance of the State Government were made hapless victims of political persecution by abuse of police powers and illegal processes were issued against them although they were ready and willing to cooperate with an honest and bona fide investigation by an independent agency. With such end in view, the petitioners had approached the Apex Court under Article 32 of the Constitution in W.P.(Criminal) No.148 of 2017 (Roshan Giri vs. Union of India and Others) and W.P.(Criminal) No.182 of 2017 (Bimal Gurung vs. Union of India and Others), praying for transfer of investigation in criminal cases registered against them to an independent agency as well as initiation of criminal case against police officers who had resorted to extra-judicial killing of their supporters by an independent investigating agency preferably N.I.A. While turning down the prayer for transfer of criminal cases registered against the petitioners to an independent investigating agency in Bimal Gurung vs. Union of India and Others, (2018) 15 SCC 480, the Apex Court, inter alia, observed if an accused is a victim of faulty investigation he may approach the appropriate court of law for various reliefs including further investigation. The other writ petition at the behest of petitioner no.2 Roshan Giri is still pending before the Apex Court. Interim prayer was made in the said writ petition before the Apex Court seeking leave to prefer pre-arrest bail before this Court which was allowed by the Apex Court vide order dated 3rd April, 2019. Pursuant thereto, petitioners have approached this Court for pre-arrest bail. Delay in filing the applications were due to obstruction on the part of the State authorities and other unavoidable reasons including the cessation of work by members of the Bar in the State of West Bengal.;