(IN): Czech duo ask judge to open court for a day

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Link: http://www.telegraphindia.com/1080710/jsp/siliguri/story_9528836.jsp

 

*Czech duo ask judge to open court for a day*

OUR CORRESPONDENT

 

Darjeeling, July 9: Czech scientist Petr Svacha and his associate Emil

Kucera, who have been in jail since June 22, have submitted a petition to

the chief judicial magistrate of Darjeeling, requesting him to open the

court for " one day " so that their bail plea can be moved.

 

The duo were arrested for allegedly collecting insects inside Singalila

National Park. Foresters found more than 200 beetles and other insects in

their possession. Since then, a ceasework by lawyers in Darjeeling and a

strike in government offices in the hills have combined to keep Svacha, 51,

and kucera, 52, in custody without their case being heard in court.

 

Chief judicial magistrate N. Dey received the petition, sent to him today by

the jail authorities, but a source said it had been filed to the wrong

authority. " It is not the duty of the CJM to open the court. The judge is

attending court. Those responsible for the closure must be approached, " said

the source.

 

The next hearing of the case, scheduled for July 21, is also expected to be

affected with Darjeeling Bar Association sticking to its agitation and the

Gorkha Janmukti Morcha continuing its indefinite closure of government

offices.

 

The Morcha is spearheading a non-cooperation movement in the hills to press

for its demand for a separate state. The lawyers, on the other hand, want an

assurance from the government that a parallel chief judicial magistrate's

court will not be set up in Siliguri because of the unrest in the hills.

 

Defence lawyer Dinesh Chandra Rai said: " We can do little. However, we will

advise our client to approach the bar association and the Morcha with a

similar request as the one made to the CJM. "

 

Technically, the Czechs can move the high court for a bail, a legal source

said.

 

However, Seshmani Gurung, another lawyer representing the Czechs, is not in

favour of moving a higher court. " Even if the high court grants bail, it has

to satisfy the CJM. Moreover, to get the bail bond, the surety has to be

paid in the CJM's court here in Darjeeling and since the court offices are

closed, the bail will be of little help, " Gurung said.

 

" And what if the bail is rejected by the high court? This would mean that we

would not have any options left to move the bail application at the lower

courts, " Gurung added.

 

 

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