Sikkim: ASGTBA submits memorandum of points to be considered while investigating Padam Gurung death case

As the clamour for justice for student leader Padam Gurung is getting louder in Sikkim with every passing day, the All Sikkim Gurung Tamu Buddhist Association (ASGTBA ) has submitted a memorandum of points for consideration by the Judicial Enquiry Commission headed by Justice N K Jain while investigating the case.

ASGTBA submitted a five-page memorandum to Justice N K Jain on Friday stating the points mentioned in the memorandum are very vital for the proper enquiry of the case.

Talking about the first point, ASGTBA said that it cannot be imagined that a person with a body weight of 72 kg and a height of 5 ft. 5″ inches could be swept away by a drain that is 1 ½ feet in depth and width which is 14 inch. It also said that there were 2 pipes each measuring around 15-16 cm in diameter within that drain between the place where the victim was alleged to be drowned. It cannot be believed that the dead body was swept and crossed the pipes measuring such diameter in such a narrow drain.

In its second point, ASGTBA said that as per the police report, the dead body was immersed in water from 11 pm till 4 am on that fateful night, but when the body was recovered it was observed that fresh blood was dripping from ear, mouth, and nose and there were bruises on Padam’s forehead as if he was knocked down by using knuckles.

Check the other points mentioned by ASGTBA in the memorandum here:

FRIENDS FLED THE SPOT: As per CCTV footage, The group of friends–Vivek, Aniket, Anil, Sushil, Nipen and Promod, who were with Padam that night had a fight with Padam. After the incident happened, they ran from the spot instead of calling the family members or trying to rescue Padam. The series of events raises strong suspicion on the involvement of those boys.

CLEAN CLOTHES: His clothes should have been stained with the mud of the drain if the dead body had been in the drain or had been washed away by the drain and displaced by the force of water, but when the body was retrieved, his clothes were clean.

POSITION OF THE BODY: As per the statement of the witness, Vivek Poudyal, his body was found in the head facing towards the sky position but when the body was recovered, the body was facing down wards.

RECOVERY OF THE BODY: As per the statement of the Fire Police Personnel & Beat Police Officers, the family members, the body was not found from the spot which was earlier inspected and searched.

At first, the police personnel searched the drain thoroughly but the body was not found. Later, after 20 minutes Vivek, Aniket, Anil, Sushil and Nipen found the dead body from the same spot which was earlier searched thoroughly by the Fire police and the family members.

INJURY ON THE DEAD BODY: Padam’s legs were injured, his head was swelled up, his tongue was sliced, and both of his knees were broken, but his upper body showed no signs of bruises, indicating that the body had been dragged.

CCTV FOOTAGE: “It is observed that the city footage of the relevant night has been edited. We can give proof of the video of the relevant night and we can prove that the footage has been edited if required,” said ASGTBA.

ASGTBA said that it is doubtful if the police has done their investigation in a fair manner, therefore it would like to enquire if police has followed the procedure according to CrPC.

Stating that under the above circumstances, there are many suspicions which push the case towards the murder angle, ASGTBA requests the Judicial Enquiry Commission to verify or publicize the call details of Superintendent of Police Manish Verma, ASP- Ankur, PI Sawan Gurung, Siddharth Subba, DSP Dawa Lhamu Pakhrin and the Present SP Dr Tshering Namgyal Gyatso for one week from the time of the commission of the offence.

ASGTBA also urged the commission to get the mobile phones of Vivek, Aniket, Anil, Sushil, Nipen, Promod, Keshav Thatal including the deceased Padam Grung verified.

It requested that the crime spot and the area where the dead body was recovered, should not be tampered with and that the crime scene needs further protection until justice is served.

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