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.
"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.
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.
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.
Disclaimer: No Business Standard Journalist was involved in creation of this content
You’ve reached your limit of {{free_limit}} free articles this month.
Subscribe now for unlimited access.
Already subscribed? Log in
Subscribe to read the full story →
Smart Quarterly
₹900
3 Months
₹300/Month
Smart Essential
₹2,700
1 Year
₹225/Month
Super Saver
₹3,900
2 Years
₹162/Month
Renews automatically, cancel anytime
Here’s what’s included in our digital subscription plans
Exclusive premium stories online
Over 30 premium stories daily, handpicked by our editors


Complimentary Access to The New York Times
News, Games, Cooking, Audio, Wirecutter & The Athletic
Business Standard Epaper
Digital replica of our daily newspaper — with options to read, save, and share


Curated Newsletters
Insights on markets, finance, politics, tech, and more delivered to your inbox
Market Analysis & Investment Insights
In-depth market analysis & insights with access to The Smart Investor


Archives
Repository of articles and publications dating back to 1997
Ad-free Reading
Uninterrupted reading experience with no advertisements


Seamless Access Across All Devices
Access Business Standard across devices — mobile, tablet, or PC, via web or app
