BIMAL GURUNG v. UNION OF INDIA INSC 220

Bimal Gurung v. Union of India & Ors., Writ Petition (Criminal) No. 182 of 2017

Year Decided: 2018

Facts: Bimal Gurung is the President of Gorkha Janmukti Morcha (GJM). There were various criminal cases filed against him during the Gorkhaland agitation. West Bengal Police lodged multiple FIRs against him under the provisions of the criminal law, claiming he was carrying out unlawful activities. Gurung stated that the cases were politically motivated and had approached the Supreme Court by filing a writ petition. He had sought transfer of the investigations to an independent agency, stating that he could not trust the state police to do justice. He also sought protection against arrest.

Issue: Do the investigations of the West Bengal Police against Bimal Gurung indicate bias and unfairness warranting a shift of the case to an independent agency?

Decision : The Supreme Court has ruled against Bimal Gurung and refused to transfer the investigations to another agency.

Majority Decision Reasoning: The Court held that there was no proof by strong evidence that the West Bengal police were biased or acted unfairly. It clarified that mere political motivation was not enough to shift the case to a free agency. Gurung's failure to cooperate with the investigations also undermined the plea put across by the latter. There was no compelling reason for believing that the state police mishandled the case or acted unfairly.

Dissenting Opinion Reasoning: There was no dissenting opinion; all the judges agreed on the decision.

Impact of the Case : This case made it clear that a person accusing an investigating agency of bias must prove it strongly. It also emphasized that courts will not interfere in investigations unless there is clear evidence of wrongdoing by the investigating agency. The ruling upheld the principle that state police investigations should not be doubted without good reason, and it reminded individuals to cooperate with investigations.

(SCC): (2018) 15 SCC 480