Darjeeling
16 Sep 2013
Following the hearing, Giri said the
apex court has given the GJM the liberty to file a detailed response to
the report of the state home department.
“The apex court has given us the liberty
to file a response to the state home department and to also take
appropriate defence before the Calcutta High Court to the allegation of
losses incurred during the strike,” said the GJM general secretary over
phone from New Delhi.
Giri also maintained the Supreme Court
has observed peaceful protests do not violate the law and that the GJM
may file an appropriate affidavit before the high court in this regard.
The GJM called an indefinite strike in
the Darjeeling hills from the last week of July to pressurise the
central government to consider the Gorkhaland state demand along with
that of Telangana. This was converted to a people’s movement in the
forms of ‘ghar bhitra janta’ and ‘sadak ma janta’ agitations, but the
High Court ruled both forms of protests illegal in its August 7 and 14
rulings.
Rajiv Dhawan (Senior Advocate, Supreme
Court), the defence counsel for the GJM, submitted the high court’s
ruling about the strike being illegal was handed out without giving the
GJM an opportunity. A notification was received by the Morcha only after
the ex-parte order was passed. It was also argued that the high court
had merely relied upon media and newspaper reports before passing the
order. The defence counsel also submitted the Public Interest Litigation
(PIL) is without any legal merit and a ploy to suppress the peaceful
strike in Darjeeling.
“Strikes are not illegal and are part of
the democratic rights of the citizens of the country to voice their
demands. A peaceful and democratic movement is in progress in the hills
for the legitimate demand of a separate state,” said Giri.
The submission of the defence counsel
was that the GJM ay be permitted to respond to the report filed by the
West Bengal home department secretary (coordination) and explain its
position on the high court’s order and also give sufficient opportunity
to file a reply to the report.
It was also submitted the GJM was not responsible for the losses incurred by the state of West Bengal as alleged in the PIL.
Dhawan’s argument about the high court
order being used by the state government as a handle to make over a
thousand arrests was recorded by the Supreme Court.
Back in the hills meanwhile, the
Darjeeling-based All India Lepcha Association (AILA) today lifted its
hunger strike after 14 days on the request of GJM president Bimal
Gurung.
“The GJM president requested to call off
our agitation citing the assurance given by Union home minister Sushil
Kumar Shinde of arranging a tripartite meeting to resolve the problems
here. But we are willing to start our agitation again if needed,” aid
AILA vice president Hemant Lepcha.
In another development today, GJM
supporters from the Lebong-Badamtam constituency handed over several
donation boxes containing cash in support of the statehood movement.
“This shows the people’s wholehearted
support for the statehood movement. It is a fitting reply to allegations
that our movement is being funded by foreign hands. Such upport acts as
a morale booster for me,” pronounced Gurung while accepting the
donations at the party office in Singamari.
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