A bench comprising Justices S A Bobde and L Nageswara Rao issued notice to the Central Bureau of Investigation (CBI) and posted the matter for hearing to August 11.
Giri has been charged with alleged "criminal conspiracy for murder", along with several other GJM leaders, in the case of Tamang, who was the All India Gorkha League (AIGL) president.
Giri's counsel had told the court that if he was to appear in court to face the murder trial, then there would be a serious law and order situation in Kolkata and it might pose a threat to his life.
He had said that in view of the agitation in Darjeeling, it was very likely that a serious law and order situation would arise if he was made to go to Kolkata to face the trial.
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The counsel had claimed that Giri wanted his trial to be shifted to Sikkim as its chief minister has extended his support to the GJM's demand.
The CBI has indicted the entire top leadership of the GJM for the murder of the AIGL president. Besides Giri, GJM president Bimal Gurung is among the nine top leaders named in the charge sheet.
Gurung, his wife Asha and several senior leaders of the hill outfit had surrendered before a trial court which granted them bail in the murder case.
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