The Darjeeling police on Wednesday nabbed an accused in the Madan Tamang murder case trying to flee from the jail ward of the Darjeeling Sadar hospital He has been rearrested and taken into custody. The police have initiated a suo moto case against him.
“Four accused in the Tamang murder case had been shifted from the Darjeeling Correctional Home to the jail ward of Darjeeling Sadar Hospital on June 22. We had a tip off that they could try to escape. Close watch was being kept with vigilance by plain clothes policemen also. At around 12:45 pm two of the accused Dawa Sangey and Tenzing Khambachey came out of the ward. Khambachey somehow got wind of the surveillance and returned back to the ward but Sangey escaped” stated Kunal Agarwal, Superintendent of Police (SP,) Darjeeling.
Sangey had told the police guards that he was going out of the ward for pathological tests. Sangey was intercepted in the Darjeeling Bazar area at around 1pm and taken into custody. “We have CCTV footage of both. A case has been initiated against Sangey under Section 224 IPC (feeling away from custody” stated Agarwal.
Sources state that during interrogation Sangey stated that he was going out to eat in a restaurant and that a vehicle was also waiting for him. “We have also initiated a departmental enquiry against the two constables on guard” added the SP. Sources further state that the Police would be making a prayer to the court to get a team of doctors to check the 4 accused who are at present in the jail ward of the Hospital so that they can be sent back to the correctional home from the Hospital.
Incidentally these 4 are among the 13 accused who had surrendered before the Chief Judicial Magistrate Court (CJM) on June 17. All 13 had been declared absconders.
On May 21, 2010 All India Gorkha League leader Madan Tamang was brutally hacked to death in broad daylight at the Clubside in Darjeeling. The case was handed over to the CID. The CID had arrested one Nickol Tamang, a Gorkha Janmukti Morcha Central Committee leader from his ancestral house in remote Kainjaley on August 16, 2010.
However Nickol disappeared mysteriously from Pintal Village near Siliguri where he was being held by the CID on August 21, 2010, for interrogation after being arrested.
35 year old Sangey’s escape attempt comes at a time when both the State Government and the CBI (investigating agency) are under great pressure from the Supreme Court. A Supreme Court Bench comprising of Chief Justice Altamas Kabir, Justice Fakir Md. Ibrahim Kalifullah and Justice Vikramajit Sen on July 15 had ordered a stay on the proceedings (trial) in the trial court of Darjeeling for 8 weeks. The Bench has further given liberty to the petitioner (Bharati Tamang, widow of late Madan Tamang) to pray for extension of the stay if it becomes necessary to do so.
On December 4, 2012, Bharati Tamang had filed a writ petition in the Supreme Court praying for De novo investigation (investigation from the beginning) by a Special Investigation Team (SIT) under the supervision of the Supreme Court, in the Madan Tamang murder case .
On July 15, Senior Counsel Mukul Rohtagi on behalf of Tamang had made verbal submissions before the bench that the matter has not been pursued in the manner it should have been by the investigating agency, the CBI, which has resulted in some of the accused being released on bail.
The Supreme Court Bench has ordered the CBI and the State Government to file responses by four weeks.