13 Madan Tamang accused surrender - Hope for speedy release prompts Morcha workers to give themselves up

Darjeeling, June 17. Thirteen Gorkha Janmukti Morcha activists, including a woman, named in a chargesheet for their alleged role in murdering ABGL leader Madan Tamang, surrendered before a court here today after being on the run for more than three years. Legal sources said the surrender might have been prompted by the fact that 14 of 31 accused in the case were out on bail. “Since all the 14 people arrested in the murder case were granted bail, there is a possibility that the 13 others who surrendered today will be released on bail. That is why they have given themselves up,” said a lawyer. Seshmani Gurung, a defence lawyer, said: “Thirteen people named in the chargesheet filed by the CID surrendered before the chief judicial magistrate’s court today and they have been remanded in 14 days of judicial custody. They will be produced in the court again on July 1.” Madan Tamang, one of the most well known anti-Morcha leaders in the hills, was hacked to death in broad daylight with a sharp weapon when he was preparing to address a public meeting on May 21, 2010 at Upper Clubside in Darjeeling. The thirteen who surrendered today are Suraj Singh, Nagendra Pradhan, Dawa Sangay Sherpa, Keshar Rai, Arun Moktan, Sanjay Tamang, Bhanu Rai, Kamal Sinha, Tenzing Khambachay, Amal Lama, Naresh Rai, Pravin Subba and a woman Morcha activist Sona Sherpa. The case was handed over to the CBI following the escape of an accused, Nickole Tamang, on August 22, 2010 when he was in CID custody at Pintail village near Siliguri. Lawyer Gurung said: “The CID had named 30 people in its chargesheet, while the CBI which later took over the case named one Morcha leader Dipen Mallay also. Till date, 14 of the arrested, including Mallay have been granted bail.” Mallay is an elected GTA Sabha member who won the election from behind bars. Of the 31 named in the chargesheets, Dinesh Subba alias Kaila is absconding, while Dil Kumar Rai was found murdered at Singla, about 30km from Darjeeling, on December 28, 2011. Another accused, Sangay Yolmo, is bed-ridden at present. A resident of Singamari, Yolmo was hit by a bullet during a clash on the day Madan Tamang was assassinated and is paralytic with the bullet having pierced his spinal chord. The CID in its chargesheet had said a mobile phone with a SIM card bearing the number 9733166826 and registered in the name of Nickole Tamang was found at the murder site. Regarding Dinesh Subba, the CID had in its chargesheet said: “At this time, Madan Tamang was trying to persuade his supporters not to flee from the spot. In the melee he was also hit by a stone on his forehead and one Dinesh Subba, alias Kaila, assaulted Tamang on his neck with a sharp cutting sword.” The chargesheet had been prepared by Ardhendu Sekhar Pahari, investigating officer of the case. According to the chargesheet, Sona Sherpa is among the seven people who were seen moving around the venue of the meeting that Madan Tamag was to have addressed. The CID said they were keeping a watch over the arrangements so that an attack could be carried out at an opportune moment. The other six are Nickole Tamang, Sanjay Tamang, Sudesh Raijmajhi, Dinesh Gurung, Dinesh Subba and Babita Ganguly. The investigators said the group had first assembled at Chowrastha and made its way to the venue through Nehru Road. Another woman accused in the case, Babita Ganguly, was arrested by police and is among the 14 who are currently on bail. Pankaj Prasad, an assistant public prosecutor, said: “The accused have been booked under Sections 147/148 (rioting/rioting with deadly weapons), 149 (unlawful assembly), 427 (mischief causing damage), 506 (criminal intimidation), 302 (murder) and 120 (conspiracy) of the Indian Penal Code.” Legal observers believe the CBI is likely to approach the court to seek the remand of the 13 who surrendered today. Pratap Khati, the general secretary of the ABGL, welcomed the surrender. “The surrender of influential people of the Morcha suggests that one cannot run away from the law for long. We are confident it is just a matter of time before justice will be delivered. We are confident that all those named in the FIR, including Bimal Gurung and Roshan Giri, will be implicated for masterminding the murder.” Giri refused to comment on the surrender today.