JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.;-The petitioner is the widow of one late Madan Tamang R/o Rhododendron Dell, District Darjeeling, West Bengal. According to the petitioner, her husband, who was the President of a political party called Akhil Bhartiya Gorkha League (in short “ABGL”), was brutally murdered on the morning of 21st May, 2010 under the gaze of general public, police and security personnel by the supporters of rival party called Gorkha Jan Mukti Morcha known as “GJMM” and that after the brutal attack on the deceased Madan Tamang he was rushed to a nearby hospital where he was pronounced dead. Alleging that the whole investigation which was initially held by the State police and thereafter by the CID and later by the CBI, was faulty in every respect, the petitioner has come forward with the following prayers in the writ petition:

“(a) Issue a Writ of Mandamus or any other Writ, Order or Direction in the nature of Mandamus quashing the Charge Sheet No.76 of 2010 submitted on August 30th 2010 by the C.I.D. Homicide Squad, West Bengal along with Supplementary Charge Sheet No.04(3) dated August 20, 2011 (C.B.I.) filed in G.R. Case No.148 of 2010 by the CBI on 20.08.2011 and the proceedings emanating therefrom pending before the Court of the Chief Judicial Magistrate, Darjeeling in Sessions Case No.77 of 2010.

(b) Issue a Writ of Mandamus or any other Writ, Order or Direction in the nature of Mandamus appointing an independent Special Investigation Team comprising of Senior Officers headed by a competent person or authority of impeccable credentials to conduct an investigation de novo into the conspiracy and gruesome murder of Madan Tamang on May 21st 2010 at Darjeeling and to take all necessary consequential steps/actions pertaining thereto;

(c) Alternatively direct further/fresh investigation by the DIG level Officer of the CBI into the aspects contained and highlighted by the Petitioner in Annexure P/43.”

2. We heard Mr. Mukul Rohatgi, learned senior counsel for the petitioner, Mr. Ram Jethmalani learned senior counsel for the respondents 10 to 15, Mr. Siddharth Luthra, Additional Solicitor General for CBI, Mr. Kalyan Kr. Bandopadhyay, senior counsel for State of West Bengal and Mr. K. Radhakrishna, learned senior counsel for the Union of India.

3. In order to appreciate the grievances of the petitioner and also to note the various features involved in the prosecution proceedings right from the date of occurrence, namely, 21st May 2010 till this date, it will be necessary to note down the various developments and incidents that were brought out by the petitioner, the CBI, as well as, certain orders passed by the Sessions Court, Darjeeling and certain orders passed by the High Court of Calcutta. It will also enable this Court to find out whether the prayer of the petitioner deserves to be granted.

4. In the course of his submissions Mr. Rohatgi learned senior counsel took us through the manner in which the occurrence had taken place on 21st May, 2010. According to the petitioner there was a deep rooted rivalry as between the two political parties, namely, ABGL and GJMM for quite some time, that the deceased Madan Tamang who was attempting to spearhead his party with certain objectives wanted to gather the support of the people of Darjeeling and with that view he organized a meeting to be held in the heart of the town of Darjeeling on certain occasions prior to 21.05.2010 and finally irrespective of the alleged resistance on the side of GJMM he stated to have scheduled the Founders Day meeting on 21st May, 2010 in the morning hours at a venue called Club Side Road Stand, just below Planters Club, Darjeeling. It is further alleged that when the deceased Madan Tamang was at the venue in the morning of 21st May, 2010 overseeing the preparations for the meeting by his party-men, a group of about 400 supporters of GJMM armed with khukries, patang, swords, sticks and firearms attacked him and brutally axed him to d