Gorkha Janmukti Morcha (GJM) chief Bimal Gurung today claimed in a city court that the CBI has not been able to provide any specific proof of his involvement in the murder of All India Gorkha League chief Madan Tamang.
Gurung's counsel Milan Mukherjee submitted before Chief Sessions Judge Kundan Kumar Kumai that specific proof has to be provided by the prosecutor even for framing of charges against an accused.
Hearing in the matter was adjourned for the day and would resume tomorrow.
The city sessions court is hearing arguments for framing of charges against 46 accused for criminal conspiracy and murder of Tamang.
Mukherjee dismissed as was baseless the prosecution's claim that Gurung had along with other GJM leaders conspired to kill Tamang. He claimed that the CBI has not been able to provide any proof.
"The CBI has claimed that Kalia, who had allegedly attacked Tamang with a sharp weapon, was Gurung's bodyguard. But just being seen beside him at some public rallies does not mean he was the bodyguard, he can be a party supporter," Mukherjee submitted.
Gurung and some other GJM leaders accused in the murder were allegedly in Kalimpong when Tamang was killed in Darjeeling on May 21, 2010.
According to Mukherjee, though it has been claimed that mobile phones of some leaders including Gurung were under surveillance, the prosecutors have not submitted any transcript
of alleged conversations among them to prove that they had conspired to get Tamang killed.
Claiming that five years of investigation by the premier agency has produced only hypothesis and unsubstantiated allegations, Mukherjee prayed that it is a case of no-evidence against Gurung and some others whom he represented.
The CBI has prayed for framing of charges against the accused, among whom are the top brass of the GJM, including its president Bimal Gurung, his wife and GJM women's wing chief Asha, Roshan Giri, Col (retd) Ramesh Alley, former MLA Harka Bahadur Chetri, Binay Tamang and Rabin Subba.
The CBI has claimed that the murder was a premeditated one to prevent any other political party from holding meetings or rallies in Darjeeling hills, where GJM held sway through coercive measures.
Tamang was attacked with sharp weapons when he was overseeing preparations for a public meeting at Clubside in the heart of Darjeeling town on May 21, 2010 and was declared brought dead at the sadar hospital there.