1. The Petitioner, the President of Gorkha Janmukti Morcha (hereinafter referred to as "GJM"), has filed this Writ Petition Under Article 32 of the Constitution of India praying for transfer of investigation of all First Information Reports lodged against the Petitioner and other members of GJM, to any independent investigation agency. In the Writ Petition, following prayers have been made by the Petitioner:
A. Transfer the investigation of all the firs lodged against the present Petitioner and other members of the GJM, details of which are provided in Annexure P-4, from the West Bengal Police to any independent investigation agency like the NIA. CBI or any other independent investigation agency which is not under the control of the Government of West Bengal; and
B. Transfer the investigation of all the current FIRs lodged against the present Petitioner and other members of the GJM, from the West Bengal Police to any independent investigation agency like the NIA, CBI or any other independent investigation agency which is not under the control of the Government of West Bengal; and
C. Issue a writ of Mandamus or any other Writ, Order or direction in the nature of Mandamus, directing that any future FIRs/complaints filed against the present Petitioner and other members of the GJM, which pertains to the ongoing agitation in the State of West Bengal, be transferred to and investigated by the said independent investigation agency; and
D. Grant anticipatory bail and protection against any coercive steps to the present Petitioner in the FIRs registered by the West Bengal Police, details of which are provided in ANNEXURE P-4, during the course of such investigation by the said independent investigation agency; and
E. Grant anticipatory bail and protection against any coercive steps to the present Petitioner in all FIRs registered by the West Bengal Police, during the course of such investigation by the said independent investigation agency, and
F. Grant police protection to the present Petitioner, provided by any independent police force which is not under the control of the State of West Bengal, at the expense of the present Petitioner; and
G. Pass such further or other orders as this Hon'ble Court may deem fit and proper.
AND FOR THIS ACT OF KINDNESS THE Petitioner AS IN DUTY BOUND SHALL EVER PRAY
2. The Petitioner's case in the writ petition is that GJM led by the Petitioner, has been at the forefront of the Gorkhaland agitation since 2007. GJM is a registered political party, which has also participated in the municipal elections, elections of autonomous body of GTA (Gorkhaland Territorial Administration), Lok Sabha elections and West Bengal assembly elections. On 18.07.2011, A Tripartite accord was signed between the State of West Bengal, Ministry of Home Affairs, Government of India and Gorkha Janmukti Morcha for setting up an autonomous body (Gorkhaland Territorial Administration-"GTA"), empowered with administrative, financial and executive powers with regard to various subjects. The Gorkhaland Territorial Administration Act, 2011 was enacted to provid........