1. We have been informed that the Central Government has complied with our order dated 14 July, 2017 and have sent four companies of the Central Reserve Police Force to Darjeeling and Kalimpong districts.
2. The Deputy Superintendent of Police, Central Bureau of Investigation (in short, the C.B.I), Special Crime Branch, has filed an affidavit pursuant to our directions issued earlier on 11 July, 2017. In this affidavit, the C.B.I has stated that after bail was granted to the accused persons in C.B.I Special Crime Branch, Kolkata Case No. RC- 1/(S)/11.Kol dated 19.01.2011, copies were supplied to the accused in accordance with the provisions of Section 207 of the Code of Criminal Procedure (hereinafter referred to as the “said Code”). Warrants of arrest were issued in respect of two of the accused and thereafter the arguments on framing of the charge against the accused were heard in part on 18 April, 2017 and 27 April, 2017. The matter was then heard on 19 May, 2017 when one accused, Rabin Subba, was present and the remaining accused were represented by their advocates under Section 317 of the said Code.
3. On 13 June, 2017 only two accused persons, viz. Harka Bahadur Chettri and Rabin Subba, were present in Court. Applications were filed under Section 317 of the said Code on behalf of the other accused. An adjournment application was also filed by the wife of the victim on the ground that since the Trial Judge hails from Kurseong, he would not be able to discharge justice considering the political situation in Darjeeling. The matter has now been fixed on 24 July, 2017 for consideration of charge and hearing of the discharge petitions. The learned Trial Judge has also directed that the accused should be present.
4. It is surprising that the petitions under Section 317 of the said Code have been filed and entertained by the Trial Court repeatedly apparently without justifiable reasons when this Court, while deciding the bail applications filed by several of the accused persons, including the President of the Gorkha Janmukti Morcha, had directed that the accused persons should be present in Kolkata a day prior to the framing of the charge and that they should not leave the jurisdiction of the Kolkata Police until the trial is over, if they were so charged, except without prior leave of the Trial Court. It is true that the discharge applications are also pending before the Trial Court. However, this does not mean that the Trial Court should continue with the framing of the charge endlessly. The bail applications were decided on 14 December, 2016. In spite of almost seven months having elapsed since then, no further progress appears to have been made in framing of the charge against the accused persons. The C.B.I also appears to be complacent about the adjournments being sought and granted. It does not appear from the material on record that the C.B.I has made any attempt to oppose these applications filed under Section 317 of the said Code despite the fact that while deciding the bail applications the Division Bench of this Court had directed that the trial should proceed on a day-to-day basis. In fact, the Division Bench noted that the C.B.I had the liberty to pray for cancellation of the anticipatory bail granted to the accused in case of violation of any of the conditions mentioned in the order dated 14 December, 2016 in C.R.M No. 5221 of 2015 and other connected matters.
5. It is, therefore, surprising that the applications under Section 317 of the said Code have been accepted and granted without any opposition from the C.B.I We, therefore, direct that on 24 July, 2017 the C.B.I shall ensure the presence of all accused persons in the Trial Court, as directed by the Division Bench of this Court in C.R.M No. 5221 of 2015 and other connected matters on 14 December, 2016 so that the process of framing of the charge can progress further and be completed. The charge should be framed by 17 August, 2017. The Trial Judge will hear the matter on day-to-day basis, if necessary, so that the framing of the charge will be completed within the stipulated time. Regarding the trial thereafter, the Division Bench has already directed that it should be conducted day-to-day.
6. List this matter along with other connected matter on 23rd August, 2017.
7. Registry is directed to send a copy of this order to the learned Chief Judge, City Sessions Court at Calcutta in course of this week.