Agencies, Kolkata, July 24, 2025: After 15 years of investigation, the long-awaited trial in the murder of veteran Gorkha leader Madan Tamang formally commenced on Wednesday at the City Sessions Court in Kolkata. All 47 accused, including Gorkha Janmukti Morcha (GJM) president Bimal Gurung and general secretary Roshan Giri, joined the proceedings through video conferencing from the Darjeeling District Court, which had been designated as the official ‘remote point’ for the trial.
Despite this arrangement, the appearance of Bimal Gurung in Darjeeling rather than physically at the Kolkata court raised legal concerns. Arnab Mukherjee, the advocate representing Bharati Tamang—the widow of Madan Tamang—highlighted that an earlier court directive (Order No. 186 dated July 26, 2024) had explicitly stated that Gurung must remain within the jurisdiction of the Kolkata Police starting one day before the scheduled date for framing charges, and was required to appear in person at every hearing unless granted prior permission by the court.
Mukherjee stated that the trial judge acknowledged this condition and maintained that no modification had been issued to the previous order. Although the issue was raised on the first day of the trial, no formal ruling was passed on the matter, as this was only the inaugural session.
The court had previously framed charges against the 47 individuals on June 26, 2025. The primary complainant in the case, Luxman Pradhan—former general secretary of the All India Gorkha League (AIGL)—was scheduled to testify but had recently passed away. His death certificate was submitted before the court.
The trial will resume on August 25, when Amar Lama, the younger brother of the late Madan Tamang, is expected to appear as a witness. He may choose to attend either in person at the City Sessions Court in Kolkata or via video conferencing from Darjeeling.
Defence lawyer Pranay Rai, speaking on the day’s proceedings, revealed that two petitions had been submitted. The first sought access to complete sets of recorded statements under Sections 161 and 164 of the CrPC, as well as supporting documents like the seizure list. The second petition requested the appointment of a Nepali language translator to facilitate the review of statements originally recorded in the vernacular.
The trial proceedings lasted approximately 30 minutes. According to Rai, the shift to a hybrid virtual model has alleviated the logistical burden on the accused, who had previously been required to travel to Kolkata for every court date.
The late Madan Tamang, who served as president of the Akhil Bharatiya Gorkha League, was brutally hacked to death in broad daylight on May 21, 2010, around 9:20 am near the Upper Clubside Stand in Darjeeling. At the time, he had been supervising arrangements for a public meeting scheduled for 10 am. Following the murder, the case was initially handled by the West Bengal CID. However, after the alleged prime accused, Nicole Tamang, escaped from police custody on August 22, 2010, the investigation was handed over to the Central Bureau of Investigation (CBI).
The CBI eventually charged 54 individuals in connection with the case, including senior GJM leaders such as Bimal Gurung, his wife Asha Gurung, Roshan Giri, and others—many of whom are now affiliated with different political groups. Out of the 54, five have since passed away, and two have been declared absconders. One of the accused, Puran Bahadur Rai, who had jumped bail, was arrested by the CBI from Bengaluru in February this year. He is currently in custody at the Presidency Correctional Home in Kolkata and joined the trial proceedings virtually from there.
Among the prominent figures who appeared via video conferencing were Kalimpong MLA Ruden Sada Lepcha, former Kalimpong MLA Harka Bahadur Chhetri, former GJM leader Binay Tamang, GTA Deputy Chief Executive Sanchabir Subba, and former GTA member Asha Gurung.
The trial is expected to hear testimony from over 80 witnesses. The case is one of the most politically sensitive and high-profile murder trials in the recent history of the Darjeeling Hills. The court’s decision on whether all accused will need to remain physically present in Kolkata going forward is anticipated in subsequent sessions.
The next hearing, scheduled for August 25, will mark a pivotal moment with Amar Lama’s anticipated testimony, potentially shedding new light on the case that has deeply impacted the political and social landscape of the region.
Extract of the Judgement order of the High Court of Calcutta on 13 June 2024, with Hon’ble Judge Subhendu Samanta presiding.
28. In the case of Sajjan Kumar (supra) the Hon’ble Apex Court has held that when allegations in the CS given rise to suspicion only, the trial judge is empowered to discharge accused; at the stage, he is not to see whether trial will end in conviction or acquittal. It is also specific directives of Hon’ble Apex Court that if there is grave suspicion against the accused, he cannot discharged but required to sent up for trial. In this present case following the observations of Hon’ble Apex Court (Supra) it appears to me that the ingredients of offence punishable u/s 120B IPC read with other sections of IPC clearly invites grave suspicion against the accused Bimal Gurung. Learned Chief Judge City Sessions Court has committed error by separating / segregating Bimal Gurung from other accused person. The value evidences are similar to that all the other accused persons and Bimal Gurung; merely not collecting CDR of Bimal Gurung cannot itself exonerate him from the direct allegation of criminal conspiracy. It is quite impermissible to discharge an accused from a criminal case where his name is directly stated by the available witnesses regarding his involvement in the alleged offence. Bimal Gurung was cited as a leader of other Accused Persons. Thus complicity against Bimal Gurung has been sufficiently established at this Stage. Some CS witnesses disclosed the conduct and public remarks of Bimal Gurung regarding the threatening to the victim, the rest CS witnesses disclosed some facts and meeting of Bimal Gurung with the other accused persons for commission of alleged offences. Thus at this juncture how far the charge of conspiracy against Bimal Gurung would be proved in trial, cannot be ascertained at the stage u/s 227 Cr.P.C. but it can very well observed that there are grave suspicion against Bimal Gurung in this case.
29. Considering the entire materials I am of a view that the instant criminal revisions got merit and they are required to be allowed.
30. The alleged portion of the impugned order passed by the Learned Chief Judge, City Sessions Court through which he discharged Bimal Gurung from this case is hereby set aside.
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