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.
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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.
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