GJM case to be heard on Monday, judge threats the lawyer

A Calcutta High Court judge today persuaded some of the lawyers who have gone on a three-day ceasework because of the "heat wave" to attend his court, threatening to strike the cases off the cause list if they did not appear.
 Calcutta High Court
 Calcutta High Court 
Justice Ashim Kumar Roy's decision to remove the cases from the list if they were not heard today forced three lawyers pleading for anticipatory bail of their clients to take part in the proceedings. The lawyers, who were on the court compound, included the one appearing for Gorkha Janmukti Morcha chief Bimal Gurung and other party leaders. The Morcha leaders have sought anticipatory bail in the Madan Tamang murder case.

Morcha president Bimal Gurung and 22 other party leaders have been chargesheeted by the CBI in connection with the murder of the ABGL chief in Darjeeling on May 21, 2010. The hearing of the anticipatory bail plea will continue on Monday.

If a case is struck off the cause list, it takes at least 14 days to make its way back to the queue, a crucial time period in cases of anticipatory bail pleas.

Yesterday, Justice Roy had slammed lawyers, particularly the state-empanelled ones, for going on leave. He had asked a lawyer who had kept the case diary with himself to appear before him today.
Justice Roy told the three state-empanelled lawyers who attended his court today: "The government you are representing in court is not supporting your ceasework. Then why are you abstaining from work? Why are you keeping case diaries with you? It should be kept either in the court's custody or with police."

At 2pm, Justice Roy summoned public prosecutor Manjit Singh and told him: "You should not allow the state-empanelled lawyers to take away case diaries with them." Singh assured the judge that such a thing would not be repeated.

Justice Roy then took up the list of cases and decided to hear some of them. When the case relating to the anticipatory bail pleas of the Morcha leaders came up, the judge asked an advocate to locate Sayan Dey, the lawyer of the bail applicants.

When Dey arrived, Justice Roy told him: "Either you start the hearing of your case today or I will strike the matter off the list."

The lawyer requested the judge to hear the case on Monday. But Justice Roy said: "For the 23 accused in the case, you have filed at least six anticipatory bail applications. The last one was filed on June 10, the first day of your ceasework. When you can file a case in the midst of a ceasework, why can't you start your arguments now?"

Dey then started the submission, narrating to the judge his version of how and when Tamang was murdered.

According to court sources, around a dozen cases were disposed of today.

Source: Telegraph

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