Chattrey Subba is as innocent as Binayak Sen

Binayak Sen, a human right activist, whose freedom got a good coverage in media across the world as well as created a debate on Indian Judiciary system, got bail on 25th May 2009,having spending the rotten dim room of jail for two years. He was jailed on allegation that he did a messenger job for a Maoist leader. But the fact is he along with his wife had opened a voluntary health organization in Chattisgarh and serving the poor free of cost that BJP government did not bear and he was put in prison without any proof that has been vindicated when Supreme Court gave bail on the ground that the police administration has not concrete evident against him.
This is one of the glaring examples of how an innocent people spends his life years and year without heard in Indian jails due to lackadaisical work and some flaws in Indian Judiciary system.

Same thing has happened to Mr. Chattrey Subba, a diehard leader for Gorkhaland from Kalimpong(Darjeeling). Mr.Subba along with his five youths- Saran Dewan, Gunjoy Lama, Bijoy Chettri, Shyam Karki and Kumar Chettri- has been in Jalpaiguri central jail for the last seven years without any trial and just two month ago before the General Election, the court staged a drama of trail. But soon after the election was over, the judge who was hearing the case in Jalpaiguri Session Court became sick and transferred the case to lower court to hear. The trail which was almost on the verge of finish now again will have to re-conduct for new judge and it seems the trail will be lengthy and linger on for another several years and at least West Bengal government will not have to face of trouble monger.

Having seen this all lingering, Chattrey Subba along with five accused has started hunger strike from 2nd July in Jalpaiguri Central Jial demanding the early disposal of their case.Regrading the case of Chattrey Subba, Mr. Saroj Ghosh, Secretary of Bandi Mukti Committee said Subash Ghising, the main accused and principal witness, had already given clean chit to Chattrey before the court and the recording of the statement of witnesses have almost finished, though the trail is still hanging on is very enigmatic.

Santosh Subba, the son of Chattrey Subba, said his father was languishing in jail for nine years and his whole family has been bearing the trauma of this for the last nine years continuously.

Chattrey Subba was arrested for the attack on Subash Ghising, the Gorkha National Liberation Front chief who ruled DGHC 20 years with iron hand, the mentor of Chattrey Subba, at Tin Ghumti under Kurseong Police station when the latter was coming to Darjeeling after his Delhi meeting.

Luckily, Ghising could escape from the attack but one home guard was killed. The incident happened after Chattrey’s warning to GNLF councilors whom he as a chief of Gorkha Liberation Organization had threatened to quit their posts, unless they would face the consequence.

But the ostensible reason of putting Chattrey behind the bar was the fact that Chattrey never submitted before Ghising and West Bengal government, and continue to hold the flag of revolt high against them, despite Ghising and CPM had hold sway over Darjeeling and Bengal respectively.Chattrey was the big problem for CPM and Ghising and they wanted the former to reduce in any Jail and that became possible when Ghising was attacked in TinGhumti.

 Chattrey is innocent this, however, has been proved from the statement of Ghising when he said he was unaware who actually attacked him before the judge in Jalpaiguri session court some months ago. At the time giving ample opportunities to Chattrey to prove his innocence before the court, Ghising even said he did not file the FIR against Chattrey

Nevertheless, the judiciary process is still lingering on delaying the freedom of Chattrey. According to Magna Carta Libertatum it is illegal to detain a person for long without any trail and giving justice because justice delay is justice deny.

There are frustrations in people on the credibility of Indian judiciary already. Such delays in judiciary create more apprehension in the system.

(The writer is an editor of www.himalayanreporter.com and can be reached at dbrai2007@gmail.com)