Gurung's counsel alleged before a bench of Justices A K Sikri and Ashok Bhushan that West Bengal Chief Minister Mamata Banerjee was opposed to him "tooth and nail" and has sought a CBI probe in the killings of several Gorkhaland activists during the recent agitation for a separate state.
The West Bengal Police told the bench that the apex court's November 20 order restraining it from taking any coercive steps against Gurung should be vacated, as the "morale" of the entire force was down since there were several cases of serious nature against him.
Senior lawyer A M Singhvi, appearing for the police, said there were a number of cases, including of murder and rioting, against Gurung and a 26-year-old police official was also killed during the recent Gorkhaland agitation.
He argued that details of these cases were not given to the court at the time when the November 20 order was passed and said, "look at what the state will feel. The state will feel that it is impotent as far as this person is concerned".
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He also alleged that several incriminating material like AK 47 rifle, live ammunitions and bombs were recovered by the police from the activists during the protests.
Senior advocate P S Patwalia, appearing for Gurung, countered Singhvi's submissions and said a number of FIRs were lodged against him which amounted to political persecution.
"It is rather my case that these FIRs are part of political persecution by West Bengal government against me. I am the President of Gorkha Janmukti Morcha. The present chief minister of West Bengal is tooth and nail opposed to me and a separate Gorkhaland," he said.
When Singhvi referred to the cases lodged against Gurung and said "we want reversal of the order", the bench observed, "we were not aware of all these cases".
The bench also asked Gurung's counsel to file a reply to the application of the police and posted the case for hearing on November 28.
"You (police) have levelled allegations (against Gurung) which are serious. So let him file a reply. We will have it on Tuesday," the bench said.
The GJM central committee had recently suspended Gurung for six months and appointed Binay Tamang as the party's new president.
The police had earlier claimed that Gurung and some of his aides were absconding after being booked under the Unlawful Activities (Prevention) Act in connection with the violence in Darjeeling hills during the recent agitation for a separate Gorkhaland.
Gurung has approached the apex court seeking an independent probe into the alleged killings of Gorkhaland supporters during the protests.