High Court grants interim stay to Royal Plaza, IT probe delayed

Himalayan Guardian, Jan 26, 2011

Gangtok, Jan 25: Two private companies have got a stay order from the High Court of Sikkim directing the Income Tax Department to desist from any further proceedings against them until further orders, officials said.

Teesta Rangit Pvt Ltd and Envision Pvt Ltd secured the interim stay order from the court yesterday on a writ petition filed by them, PTI reported.

The IT office had reportedly carried out a 35-hour survey at the offices of the two companies on December 23 in the absence of the owners of the companies.

While Teesta Rangit runs the Royal Plaza-cum-Casino Sikkim, Envision deals with sale of computers in the capital.

The two companies are linked to former lottery baron and former Assam MP Mani Kumar Subba who is facing CBI probe on his identity and business dealings.

Mystery of the missing soldier at Nathula

Tashi Pradhan

Indian Army personnel regularly worship the shrine of martyr soldier Harbhajan Singh at a temple in the Indo-China border in Nathula in East Sikkim.

Harbhajan Singh was an Indian army soldier who died at Nathula Pass while crossing a stream in 1968.

Indian Army soldiers built a shrine in his honour and it is believed that Harbhajan Singh, renamed as Baba, resides at the temple complex.

Residents of the region believe that Baba Harbhajan Singh has defeated death and is still doing his duty even after his death four decades ago.

The Indian Army regularly maintains his bed, uniform and keep his boots ready everyday.

Miracles such as his ironed uniform getting crumpled in the morning is a regular affair at this temple. His regiment promoted him as Honorary Captain and pays his salary and grants him annual leave and issues the railway warrant.

"Soldiers who have lived here told us that if they kept food for him they did not find it back and even if they find, then only in half quantity. His bed found wrinkled and they serve him tea like they use to do before and that also they find it in half quantity," said Sepoy Harish Kumar, a soldier.

"So, people feel Baba through all these things otherwise no one has seen him," he added.

The tourists visiting Sikkim during their trip to Nathula Pass have also shown immense interest in visiting this martyr soldier's temple.

Throughout the year every Sunday and Tuesday prayers are performed at Baba's temple and food is distributed to the devotees (ANI).

NE writers meet in Delhi on peace & culture

  P. Ghosh

Guwahati, Jan 25: Writers and poets from India’s northeast region will hold a two-day seminar on peace and culture in New Delhi this week-end.

The seminar is expected to explore if culture can play a proactive role in ushering peace in the trouble-torn region, according to Preeti Gill, editor of Subaan, a leading Delhi-based publishing house.

The two-day seminar, being organized by Zubaan in collaboration with Heinrich Boll Foundation and India Habitat Centre, will feature photo exhibition and musical concert highlighting the rich cultural diversity of the region.

Prominent among the speakers are Mamang Dai (Arunachal Pradesh), Sanjoy Hazarika (Assam), Pradip Phanjoubam (Manipur), and Subhir Bhaumik (Tripura).

Meeting with Chidambaram positive: Giri

Himalayan Guardian Jan 26, 2011

New Delhi, Jan 25: Union Home Minister P. Chidambaram today held a meeting with the Gorkha Janmukti Morcha on the demand for statehood to Gorkhaland and is understood to have deliberated on setting up of a regional authority for Gorkhas in Darjeeling.

“We had a detailed discussion on our demand with the Home Minister. The meeting was held in a cordial atmosphere and was very positive,” GJM General Secretary Roshan Giri told reporters after an hour-long meeting, the Hindu reported.

Giri refused to divulge what transpired, but said the Central government should clear its stand on GJM’s demand.

Sources said the meeting deliberated on the possibility of setting up of the proposed Darjeeling Regional Authority comprising the districts of Darjeeling and adjoining areas but no decision has been taken, the report said.

However, it was not clear whether the interim authority would be set up before the West Bengal Assembly elections a few months away.

Bharatiya Janata Party leader and Darjeeling MP Jaswant Singh was part of the delegation.

During the last tripartite political level talks, key issues, including territorial jurisdiction, were sorted out.

The Central and West Bengal governments have earlier worked on the subjects and departments which are expected to be handed over to the interim authority.

Sources said both the Central and West Bengal governments favoured limiting the proposed authority to just the hill sub-divisions of Darjeeling, Kurseong and Kalimpong.

Since its inception in 2007, the GJM has been demanding a separate Gorkhaland State that includes the Siliguri sub-division of Darjeeling district in the plains and contiguous areas in neighbouring Jalpaiguri district.

Kalimpong Lepchas celebrate Gaeboo Aachyok’s 279^th  anniversary

Kalimpong, Jan 25: Lepchas of Darjeeling District celebrated the 279^th  birth anniversary of the Lepcha King Gaeboo Aachyok in Kalimpong recently.

Thousands of Lepchas from all over the district assembled at the Mela Ground here and shouted "Achuley" to greet each other. A simple function, organized by the Lepcha Tribal Association, was held  at Damsang Gari, a fort and  refuge place of the late King near Algarah about 18 km from here.

Lepchas are the aboriginal people of Eastern Himalayas and are found not only in the Darjeeling district but also in Sikkim, Nepal and Bhutan. Gaeboo Aachyok was a leader who fought the Bhutanese to save his vanishing tribe.

Aachyok was born in Lungshyol near Mangzing about 10 km away from Oodlabari in North Bengal. According to records, his kingdom’s territory extended from Paro in West Bhutan to Rhenock in East Sikkim. He was not very popular among the Bhutanese as he used to protest against the oppression of the Lepchas by the Bhutanese King. This compelled the Lepcha chief to leave Bhutan for good. 

It is said that Gaeboo appeared during the first Bhutanese attack in Sikkim in 1668 during the reign of King Debaraja, Chhoegyal Mijure Tempa of Bhutan (1668-1670). A legend says that Gaeboo sought the help of a Tibetan king for weapons to fight against the Bhutanese king.

A report says that during the period of fifth Dalai Lama, Bhutan invaded Sikkim. During this war Gaeboo fought against Bhutan and was killed in the war.

Another legend states that Gaeboo fought the Bhutanese army from Damsang Gari in Kalimpong. And yet another source says that he fought the Bhutanese army from a fort called Dalim Gari near Gorubathan and eastern Kalimpong and was killed there. (Darjeeling.com)

Sukhna land scam: Court martialled Lieutenant General P.K. Rath loses rank

Himalayan News Network

elhi, Jan 25: Lieutenant General P.K. Rath, who was found guilty in the Sukhna land scam by an Army Court in New Delhi, was on Saturday handed down a sentence including a two-year seniority loss and forfeiture of 15 years of service for pension purposes.

Lieutenant General Rath was found guilty on three counts -- firstly for providing a No Objection Certificate (NOC) for the construction of the building next to the Army headquarters in Sukna in North Bengal, secondly for signing a Memorandum of Understand (MoU) with the private builder, and thirdly for not informing the Eastern Command headquarters while the process was being carried on by him, ANI reported.

"To take rank and precedence as if appointment as substantiating the Lieutenant General bore dated May 24, 2010, forfeiture of 15 years service for pensionary benefits and severely reprimand," General Court Martial (GCM) Presiding Officer Lieutenant General I.J. Singh said in his verdict.

This verdict will now have to be confirmed by the Army Chief and the Defence Ministry.

The land scam came into the open in mid-2008 and the names of Lieutenant General Rath and Lieutenant General Avadhesh Prakash figured among the senior army officers who influenced the decision to issue the NOC to a Siliguri-based private builder to construct an educational institution on a 70-acre land adjacent to the Sukna military station in Darjeeling.

The private builder had floated a trust - Agarwal Geetanjali Education Trust - to set up an affiliate school of the prestigious Mayo College in the area. 

NATIONALITY VERDICT Tibetan Identity Will Remain Intact

HIMALAYAN GUARDIAN   EDITORIAL PAGE 4  Jan 12, 2011

EDITORIAL

Delhi High Court’s recent verdict to confer Indian citizenship to descendants of Tibetans who fled Chinese occupation will certainly be debated and discussed by many, including Tibetans themselves. For most Indians the issue may not matter much but for the one lac Tibetan ‘refugees’ living in the sub-continent the ‘landmark’ verdict will certainly make a great impact on the lives of many Tibetans, particularly youngsters, who want greater opportunities and civil rights in the land (India) of their birth.

The apprehension that accepting Indian, or any other country’s citizenship, will lead to erosion of the Tibetan identity is not quite valid as Tibetans, like the Jews, will not easily give up their rich cultural and religious identity. Many Tibetans, including lamas, living in the west still feel greatly about the country of their origin despite the influence of western values and culture.

India has been home to Tibetan refugees for over half a century and it is but natural to let these people enjoy the rights and privileges enjoyed by Indian citizens, particularly when the Constitution allows it and an Act has been passed by the Parliament in this regard. Not all Tibetans in India are ‘refugees’. Many of them have settled in India’s northern borders for well over a century. New Delhi needs to ponder carefully on these issues, particularly in view of the unlikely early return of the Tibetans to their homeland.

Bhutan ready to accept Christianity

 Himalayan Guardian Jan 26, 2011

Thimphu, Jan 25: Christians in Buddhist Kingdom of Bhutan has something to cheer about. The Druk Kingdom is about to grant the much-awaited official recognition to Christians residing in the country.

According to a report in the International Christian Concern, the Chhoedey Lhentshog, the authority that regulates religious organizations in Bhutan, during its meeting held here last month discussed how Christian organizations may be recognized to represent the community.

 Lhentshog Secretary Dorji Tshering when asked if Christians were likely to enjoy the same rights enjoyed by Buddhists and Hindus replied, “Absolutely.”

Bhutan had in 1969 and 1979 banned open practice of non-Buddhist and non-Hindu religions.

Initially, the government is likely to register only one Christian organization to represent all Christians in Bhutan, sources said.

Indo-Bangla land ports to benefit Nepal, Bhutan

Dhaka, Jan 25: Bangladesh and India have opened two land ports along the international border to boost bilateral trade and facilitate trading activity of neighbours Nepal and Bhutan.

The simultaneous openings of the two land ports on Saturday followed an understanding reached last year between the neighbours. India said it would also facilitate goods movement through Bangladesh's Chittagong and Mangla ports.

Soon after India's Finance Minister Pranab Mukherjee opened a land port at Phulbari in West Bengal's Jalpaiguri district, Bangladesh's Agriculture Minister Matia Chowdhury flagged-in a flower-bedecked Indian truck at the Banglabandha land port in Panchagarh, the northernmost district of the country.

The opening of the land ports will help resume communication and movement between the two countries after more than six decades, since India was divided by the British in 1947.

Trade between Nepal and Bangladesh through Banglabandha has been continuing on a limited scale since its introduction in September 1997, The Daily Star reported.

Banglabandha will be an important land port thanks to broader trade with India, analysts said, when Prime Minister Sheikh Hasina met her Indian counterpart, Manmohan Singh in January 2010.

Chowdhury said importers and exporters have long been demanding opening of the port for goods transportation in and out of India. 'Today their demand is fulfilled.'

Iqbal Kaiser, president of the Panchagarh Chamber and Commerce and Industry, said the Banglabandha point was the key to developing regional trade. Siliguri is only five km from the port while it is 10 km from Jalpaiguri and 58 km from Darjeeling.

Mukherjee along with a 13-member delegation, including West Bengal Minister of Urban and Municipality Development Ashok Bhattacharya, joined in the inauguration, while Chowdhury led an 11-member team from Bangladesh.

Obama raises Tibet issue with Chinese Prez

Himalayan Guardian JaN 26, 2011

Washington, Jan 25: US President Barack Obama took the opportunity of a joint press conference with Chinese President Hu Jintao on 19 January 2011 to say that the United States supports "further dialogue between the government of China and the representatives of the Dalai Lama to resolve concerns and differences, including the preservation of the religious and cultural identity of the Tibetan people."

The press conference, held in the White House, saw President Obama sending a strong message to China on how it dealt with issues.

President Obama said, "I reaffirmed America's fundamental commitment to the universal rights of all people.  That includes basic human rights like freedom of speech, of the press, of assembly, of association and demonstration, and of religion -- rights that are recognized in the Chinese constitution.  As I've said before, the United States speaks up for these freedoms and the dignity of every human being, not only because it is part of who we are as Americans, but we do so because we believe that by upholding these universal rights, all nations, including China, will ultimately be more prosperous and successful."

The Tibet reference came in the opening remarks after President Obama revealed that the United States and China have agreed to resume formal dialogue on human rights and to new exchanges to advance the rule of law. 

 President Obama said, "And even as we, the United States, recognize that Tibet is part of the People s Republic of China, the United States continues to support further dialogue between the government of China and the representatives of the Dalai Lama to resolve concerns and differences, including the preservation of the religious and cultural identity of the Tibetan people."

Three in race for Tibet PM post

Tashi Namgyal

Dharamshala, Jan 25:  Two months before the final round of the Kalon Tripa (Prime Minister of the Tibetan Government-in-Exile) election, three names are still in the running for next Tibet's PM: Lobsang Sangay, Tenzin Namgyal Tethong and Tashi Wangdi.

The preliminary polls, held on October 3, offered  Sangay a comfortable first position with 22,489 votes out of the total 47,000 votes cast.  Tethong registered 12 319 votes while Wangdi, who served the Government-in-Exile as a cabinet minister, collected 2101 votes.

"Initially, there were six candidates, but today, only three remain. We could have allowed them to contest for the final elections but some of them withdrew, some of them resigned", Chief Election Comissioner Jamphel Choesang said.

Alongside the Kalon Tripa election, the Tibetan community in exile will vote for the Parliamentary elections. 94 candidates are running for 44 seats.

Choesang also raised the question of the participation, as abstention spectacularly went down from 73,2% at the last elections in 2006 to approximately 39% this year at the preliminary polls.

The Election Commission announced it is still expecting more voters for the last polls on March 20, as it presented fresh registration dates from November 30, 2010, to January 17, 2011 for eligible voters who didn't go to the polls on the preliminary round in October.

Tibetans in India entitled for Indian citizenship: Delhi High Court

Himalayan Guardian Jan 26, 2011

Dharamsala, Jan 25: After a legal battle of two and half years, Namgyal Dolkar Lhagyari became a Tibetan-Indian after a Delhi High Court ruling on 22 December 2010. She was given Indian citizenship according to India’s Citizenship Act of 1986.

Namgyal Dolkar is the oldest of four siblings who are descendants of Tibet’s 33rd King Songtsen Gampo, who reigned over Tibet and a greater part of Asia in the 7th century.

She lodged a case against the Regional Passport Office in Delhi after her application for a passport was rejected, Tibet Sun reported.

“The passport office told me that the Ministry of External Affairs (MEA) had ordered them to refuse a passport,” Namgyal said. The case was then directed against MEA.

The court then ruled that Namgyal Dolkar was entitled to Indian Citizenship according to the Citizenship (Amendment) Act 1986. This act entitles any person born in India, on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987, to citizenship of India by birth, the report said.

Namgyal Dolkar Lhagyari was born on 13 April 1986. She said that the court ordered MEA to pay a compensation of 5,000 rupees and ordered the passport office to issue her a passport within two months.

The Regional Passport Office in Delhi had rejected Namgyal’s application, saying that her parents were Tibetans.

Namgyal is one of over 94,000 exile Tibetans in India. There are 127,935 Tibetans living in exile, according to a 2009 population census report of the Tibetan government-in-exile. From the total, most of the Tibetans numbered 94,203 are living in India. As many as 13,514 are living in Nepal, 1,298 in Bhutan and 18,920 are scattered around the world, mainly in North America and Europe.

   Namgyal’s younger brother, Namgyal Wangchuk Trichen Lhagyari, was enthroned as the direct descendant of the first dharma king Songtsen Gampo at a coronation ceremony presided over by the Dalai Lama in June 2004.

Namgyal has a BA English Honours degree and is currently pursuing MA English in Dehra Dun.

Replying to questions by email about being a Tibetan-Indian, she said, “Yes, I believe now I am a Tibetan-Indian if that’s the term which would define it, but I was born from Tibetan parents who had struggled for their nation and continued with their duties. My father did that till his demise.

“As for my Amala (mother) she has always reminded all of us of our duties as Tibetans. I therefore doubt if I would ever cease to be an accountable nationality — instead I feel even more strongly for my nation, and feel confident that I can now do something constructive for my people.

I sincerely believe that everyone should realize their rights and utilize them responsibly for everyone. I am undoubtedly a Tibetan at heart though may be called an Indian.”

Meanwhile, the exiled Tibetan government has welcomed the court’s verdict and termed the order as a “landmark” judgment.

Sikkim OBSERVER

Sikkim OBSERVER

Sikkim’s premier English Weekly

     (Out Every Saturday)

Sikkim Observer  (estb. in 1986) is now available in  all the four districts of  the Sikkim. The paper is also available in all the four sub-district headquarters and major towns in the State.

Week by week the paper is read by Sikkim’s top decision/opinion-makers, intellectuals, politicians, social workers, student/youth leaders etc.

Now in its 20^th year of publication, Sikkim Observer has become Sikkim’s most prestigious, powerful and popular weekly enjoying considerable reach and influence among all sections of the people.

Get your copy of Sikkim Observer through your local newspaper vendors and hawkers Every Sunday.

For More Information Contact:

Sikkim Observer

Observer Building

Nam Nang Road, Gangtok (Sikkim)

Phone: 99322-59090, 94346-30097

Email: sikkimobserver@gmail.com

SPORT I will retire from East Bengal, says Bhutia

Kolkata, Jan 28: India captain Bhaichung Bhutia on Monday quashed talk of any imminent retirement and said he would return next season after taking a three-month break and if he decides to quit, he would do it from East Bengal.

Talking to reporters at East Bengal club, the Sikkimese sniper said he came to be known as a footballer from East Bengal, so he would like to call it quits donning the red-and-gold jersey.

"I was born in Sikkim, but I started my football life here in East Bengal. I got to be known as a footballer from East Bengal. It's my mother club. East Bengal gave me a footballing life. That's the reality and that is never going to change.

"I've got all my trophies for East Bengal be it Durand Cup, Federation Cup or whatever. I'm so proud and honoured to be a part of them," he said in an emotional tone.

"It's true I played for different clubs, but those were a few challenges that I took. I will definitely retire from East Bengal, even as I have my own club United Sikim. I started from here and I want to end here," the 34-year-old said.

.

EDITORIAL ‘REPUBLIC’ IN TURMOIL Groping In Darkness

SIKKIM OBSERVER  Jan 29, 2011

Nepal’s Constituent Assembly was to frame a new Constitution for the country by May 2010. Framing of the new Constitution for the former Hindu Kingdom was the top priority of the Nepalese Parliament. Unfortunately, seven months have elapsed and there is still no visible sign that this objective would be achieved at a given time-frame. The three main parties – the Maoists, UML and Nepali Congress – are totally responsible for this sad state of affairs.

The recent withdrawal of Nepali Congress candidate, Ram Chandra Poudel, from the country’s prime ministerial election is a welcome move but in the first place he should not have been allowed to take part in the seven-month-long futile exercise that witnessed the unprecedented failure of the Parliament to elect the prime minister for the 16^th time. Even now there is no guarantee that a new man would be elected to head the government next week.

Nepalese leadership may agree on a ‘consensus government’ but the ground reality is that it is not too clear about who should lead it. The Maoists have the largest number of MPs in the Parliament and logically they should be allowed to head the government. It is for the Maoists to choose its own man for the top job. Nepalese leaders must realize that it would be very difficult to secure two-thirds majority for adoption of the new Constitution, particularly when small parties are playing a dominant role in shaping Nepal’s future. A practical approach needs to be made in the present political imbroglio to ensure that Nepal swiftly embraces the democratic process, which, hopefully, will lead to speedy economic development.

High-security number plates back on agenda

SIKKIM OBSERVER  Jan 29, 2011

New Delhi, Jan 28: The plan to introduce high-security registration plates for cars and two-wheelers has been resuscitated. After a firm directive from the Home Ministry, the ministry of Road Transport and Highways has decided to write to all state governments to renew efforts to introduce the system to curb auto thefts and misuse of vehicles by terrorist outfits.

A decade after the plan was conceived to check illegal car sales and thefts, only Sikkim, Goa, Meghalaya have introduced the system. The Supreme Court had also set several deadlines for introduction of the system, the last being September 8, 2009. However, most states have refused to comply.

According to sources, the biggest problem is the prohibitively high price of the plates. While a set of two of common number plates for cars can come anywhere between 300 to 500, the high-security registration plates are costlier at 800-1100 for a two-wheeler, 1,000 for a three-wheeler and 1,200 and above for a four-wheeler.

There are around 16 companies in the country who designed these number plates.  At present in Meghalaya, it costs around Rs. 1600/- for the four wheelers and Rs. 550/- for 2 wheelers.  In case of West Bengal, it costs around Rs. 480/- for the four wheelers and Rs. 290/- for 2 wheelers.  The transport commission is planning implement the usage of these number plates in India for lowest prices and the tenders are been invited from the companies in the manufacturing of these high security number plates

The high-security registration plates have a non-replicable chromium hologram, laser numbering by registered agencies and embossed numbers. The rear registration plate is fitted with a non-reusable snap lock so that if it is forcibly removed the lock breaks and it would clearly show that the car was stolen and its number plate tampered with. A chromium-based third registration plate is stuck to the windshield. If this is tampered with it self destructs.

.

 “Mahaloot” in high security registration plates: SPCC

Gangtok, Jan 28: The Sikkim Pradesh Congress Committee had earlier lodged a complaint to the Supreme Court regarding alleged “commission” derived from those responsible for making the high-security registration plates for the State.

The document, a magazine of the party entitled “Sikkim Mahaloot”, states that Chief Minister Pawan Chamling’s son, Bijoy Chamling, was awarded the “contract” to install the high security number plates.

“The sole objective of the govt. decision to implement this project is to earn or derive handsome commission from the contract of this scheme as the cost of each Number Plate is highly inflated than the market rate,” the magazine said. It added that the deal “smacks of scam of high magnitude.”

The SPCC has now taken up the matter with the CBI along with other alleged corrupt practices of the Chief Minister and his past and present Cabinet colleagues.

After a Delhi court took up the matter last year the State Government stopped installation of the number plates. However, this has again been revived and the cost of these number plates has remained almost the same.

The cost for fitting a HSRP for two wheelers is Rs.820.73 and for four wheelers it comes around Rs.2047/- inclusive of basic rate for the HSRP, VAT @ 12.5%, Env. Cess @1%, fixing charges which is Rs.100.

Governor’s sanction not required to prosecute chief minister

Sonam Wangdi

Gangtok, Jan 28: The Karnataka Governor, Hansraj Bhardwaj, former Union Law Minister, on Friday night, January 21,   accorded sanction to prosecute Chief Minister B S Yeddyurappa over “allegations of de-notification of land acquired by the government, apart from other charges.”

 The Governor took the action on the request of two Bangalore-based advocates, Sirajin  Basha and K N Balaraj,  who had pleaded that the Chief Minister had “favoured his close kin  with prime land in and around Bangalore.”

The Bharatiya Janata Party, however, told The Hindu: “There is no question of the Chief Minister quitting. We will take the battle against the Governor to the streets. An all-out effort was made to convince the Governor that there is no prima facie case and that several agencies are already investigating the matter and that prosecution is not warranted. Now that the Governor has announced his decision, we will fight it legally and politically.” 

      The Law and Home Ministers, Verappa Moily and P. Chidambaram respectively, have defended the action of the Governor. Moily told reporters in Mumbai on  January 22 that “no one is above the law” and that “chief ministers do not enjoy immunity  from the law”. He also said that “Corruption is on record; nepotism is on record.” The Law Minister, further, averred that the Governor was well within his authority to sanction the prosecution of the Chief Minister. 

         Under the Constitution of India and the laws, the Governor is competent to sanction prosecution of any State government minister, including the chief minister, if he is satisfied on going through a comprehensive report after a thorough investigation on corruption and abuse of his power, submitted by a competent investigating  authority that action against the minister is required according to law and in the interest of the State and the nation.

        From the media reports, compared to the alleged corruption of some of the Chief Ministers, the “corruption” of Yeddyurappa pales into insignificance. In Karnataka, the people are vocal and the media is also alert. But elsewhere, the people are docile and the media also does not cover the wrong-doing of the politicians, who are allegedly accustomed to committing unbecoming acts in secrecy.

        The action of the Governor has been influenced by a series of corruption cases at the highest echelons of the government during the last year. In the media, there was extensive coverage on the “scandals” which led a writer to pen his thought in an article, “Perils of becoming a republic of scandals.”

The Hindu, Kolkata, 1 January, 2010 notes:  “In a gesture to the growing public disenchantment over scams and corruption in public life, Prime Minister Manmohan Singh’s New Year resolutions for  2011 include ‘cleansing’ the country’s governing processes.”

The Prime Minister acts in consultation with Sonia Gandhi who also declared: “We will take corruption head-on and demonstrate it through our actions”. [The statesman, Siliguri, 21 December, 2010]

In K Veeraswamy vs. Union of India, 1991, the Supreme Court has laid down that public servants, as defined by Section 21 IPC, would include Judges of the High Courts and the Supreme Court. Similarly, in Karunanidnhi vs UOI, 1979, the Apex Court held that   public servants would include any Minister, including the chief minister of a State government.

 Moreover, the apex court in Habibulla Khan vs State of Orissa, 1993 was of the view that under sections 2(c) (viii) and 19 of the Prevention of Corruption Act, 1988, a member of the Legislative Assembly would be included in the definition of public servant but even so no sanction would be needed for his prosecution under the Act.

       As I had written elsewhere, the year 2011 starts and ends with a Saturday – the day dedicated to Lord Saturn, who is regarded as the Lord Chief Justice of the universe.  He will not spare any public servant who betrays the trust of the people and indulge in corruption.  Lord Saturn, however, will come to the rescue of the innocent beings who have been subjected to injustice.(The writer is former Chief Secretary of Sikkim)

UNDER PRESSURE Chamling Raises Gorkhaland Issue

SIKKIM OBSERVER  Jan 22, 2011

EDITORIAL

Chief Minister Pawan Chamling’s support for statehood demand by Gorkhas in neighbouring Darjeeling comes at a time when he himself is faced with a pressing political situation in the State. Sikkim Opposition’s tirade against Chamling for doing away with the special status that bonafide Sikkimese, who were earlier known as ‘Sikkim Subjects’, enjoyed under the Constitution (Art 371F) by deciding to issue ‘Pink Idenity Card’ to  bonafide Sikkimese and Residential Certificate to others who were settled in Sikkim before April 26, 1975,when Sikkim was merged with India, comes at a time when the Chief Minister is faced with a multi-crore corruption charges leveled by the Congress leadership in Sikkim.

Nepali/Gorkha leaders in India never fail to play the Nepali/Gorkhali card when they are in trouble. Perhaps Chamling is trying to do the same when he raised the statehood issue for Gorkhas in India in the Assembly this week. If the going gets tough Chamling may even pass a resolution on Gorkhaland in the Sikkim Assembly. He is capable of doing this and much more. Unfortunately for Chamling, it is not just a bunch of ‘frustrated’ politicians who are tired of the growing corruption and mis-governance in the State; the people are fed up and want change.

No one is going to believe that the proposed Patra Commission will nail the corrupt in the State. The State unit of the BJP, which has demanded CBI probe into corruption charges against Chamling, has rightly pointed out that the objective of the Commission is to shield the corrupt and not to expose them. Which government would form a commission of enquiry to probe into its misdeeds? The anti-Chamling campaign, which focuses on rampant corruption, restoration of freedom, democracy and rule of law in Sikkim, is gaining momentum even as the Opposition is united under the banner of ‘Sikkim Subject Bachao Committee.’

SIKKIM OBSERVER  Jan 8, 2011

 EDITORIAL

CREATIVE TOURISM

The Mystic Adventurer

Lachen Valley in North Sikkim occupies a significant portion of Sikkim’s territory. Not only does its northern and western borders touch Tibet (China) and Nepal, Lachen Valley, yet unexplored and undefiled by visitors, is perhaps the most enchanting region which could be carefully nurtured for growth of tourism industry. Besides its scenic beauty it is also a sacred place where Guru Rinpoche (Lord Padmasambhava) in the 8^th century once trod and blessed the land.

His Holiness Sakya Trizin, Head of Sakya tradition of Tibetan Buddhism, and Jamyang Khyentse Rinpoche, a Sakya Lama who is held in high esteem by all traditions of Tibetan Buddhism, chose the Lachen route to flee Tibet after the Chinese occupation of that country. In the early 20^th century a French lady, Alexandra David-Neel, spent around two years in a cave in Dewthang in Lachen to seek the blessing and guidance of Lachen Gomchen Rinpoche in matters spiritual.

It is indeed heartening to know that some film makers from India and France are presently engaged in making a film on David-Neel. Efforts were made by a France-based trust of David-Neel to revive the French lady’s connection with Sikkim but so far it has largely gone unnoticed. The authorities in Sikkim seem to be engrossed only in big, multi-crore projects such as construction of huge statues of religious figures to attract tourists. Both the local people and the authorities need to apply their mind and do some real re-thinking and be more creative in making Sikkim truly a tourist-friendly destination. Preservation and promotion of Sikkim’s natural and cultural history demands deft handling if we are to promote the region as a Buddhist circuit in the tourism sector.

TASHI NAMGYAL ACADEMY - I Sikkim’s First ‘Public School’: Birth Of An Idea

SIKKIM OBSERVER Jan 8, 2011

Former Principal of Tashi Namgyal Academy (TNA), the Late V N Langer, wrote the following article in the school’s first annual magazine (1969-70). The article seeks to highlight why and how TNA came into being in the 1960s.

April 1956 – October 1965

Ten years seems a long period to wait for the realization of an idea—but when we look back, after its achievement, many years after the gap seems much shorter. The decision to start a public school in Sikkim or, an institution more or less on the same lines, was taken by the durbar in 1956. The idea, however, could take concrete shape only in the year 1966.

In between so much work was to be done. Not only we needed more buildings, more equipment and new play grounds to accommodate those students who could not be fitted into the public school, we needed a new well-equipped and well-staffed Higher Secondary School as well.

Plans were drawn first of additional buildings for the public school and work was started on some of these in 1957. A new annexe to the old school buildings was declared open on April 14, 1959 and by October 1961 we had a big auditorium as well. Plans were now made to build a new hostel but there was a slight set-back during the period of anxiety following the 1962 Chinese aggression in India. When the situation eased a little building work was pushed on again with vigour.

Our new hostel was ready for occupation by May 1964 and soon after work was started in the development area on buildings for the new Higher Secondary School. After the main School building, the hostel and some staff quarters were ready in October 1965, we were asked to go ahead with the idea of reorganizing Tashi Namgyal Academy on public school lines. It was decided also that the new public school should, at the beginning, have seven classes only, starting from K.G. and going up to VI as the highest class every year till we came to class XI which should mark the final School Certificate stage.

This policy, it was hoped, would enable us to build up an institution in which even though the medium of instruction and the first language would be English, it would still remain Sikkimese in its tradition and culture.

October 1965—December 1969

There was an interval of two and half months only between the close of the last session of Tashi Namgyal Academy as a Higher Secondary School and start of the first session of the new Public School which, in any case, would have been the two busiest sessions of the institutions even if there had been no change. The prospectus, however, had already been prepared in anticipation, but we had still to get teachers to replace those who were going to be transferred to the New Higher Secondary School—and it was not possible to know how many, till we knew the number of students we were going to have in the first year.

For our syllabuses for various classes we had decided to follow the outline approved for Anglo-Indian Schools but we had to select and order our books. A school uniform had also to be designed and approved and official drapers were to be appointed. New tasks and new problems kept on cropping up as we grappled with the old.

The prospectus was published in November 1965 and admissions to the various classes of the public school were declared open simultaneously. Posts of teachers were advertised in “Papers” and tenders for uniforms were invited from local dealers. Only one tender was received and so prices of various items of uniforms were fixed through negotiations. The dealer was asked also to send samples of ties, socks and stockings to the Principal while he was out on tour during January interviewing suitable candidates for teachers’ posts at the two to three selected places in India.

On return, in February, the Principal found only forty students had applied for admission. A more anxious situation developed when, just before the start of the new session, out of the four new members of the staff who had been appointed two backed out. One of those was the Matron.

The older Staff of the Higher Secondary days, who had been retained, now gallantly rose to meet the situation. Hurriedly a new teaching routine was drawn out and responsibilities were redistributed among them. The Principal’s wife took over the responsibility of organizing the hostel and its routine so that it might be ready to receive the boarders when they came a day before the start of the session.

Suddenly there was a rush of applications for admission. In spite of many rejections of over-age students, one section of our K.G. class was soon full and we had to start one more to accommodate others. Admissions to Classes I, II and III also were reasonable but rather disappointing in IV, V & VI. Few of those students who had come from Hindi and Nepali medium schools could qualify for admission to these classes and those parents, whose sons and daughters were already studying in the so called ‘English’  schools, naturally preferred to wait till they could get an idea of the standard of the Institution. In-

spite of this we had one hundred and thirty students on roll—more than we had expected in the first year— and more than could be managed by the available staff.

As the days passed the staffing problem, though not quiet solved became less acute. A new Matron took over charge of the hostel leaving Mrs. Langer free to devote herself to teaching work. Two more teachers were appointed, one for the additional section of K.G. class and the other to teach English to senior Classes. A programme of weekly and terminal tests was drawn out and monthly and terminal reports also made their appearance.

To avoid corporal punishment except for very serious offences, a system of yellow and red report cards was introduced so that when verbal warnings proved ineffective the parents’ cooperation could be sought to put the students back on the right track. At the same time, as incentives to better effort, white and gold merit cards were awarded to students with general proficiency all round. Slowly the confidence of the public grew and on our Annual Day even many of those who had been very critical at first came spontaneously forward to congratulate us on the performance of our students. The Public School had come to stay. ( to be concluded)

TASHI NAMGYAL ACADEMY – II Teaching students to take care of the school

SIKKIM OBSERVER Jan 22, 2011

Former Principal of Tashi Namgyal Academy (TNA), the Late V N Langer, wrote an article in the school’s first annual magazine (1969-70). The article seeks to highlight why and how TNA came into being in the 1960s. The following is the second and concluding portion of the article.

  The second session started on 1st March 1967 with greater confidence all round. One more class VIIth had been added and now among students seeking admission there were also those who had been studying in ‘English” Schools in Kalimpong and Darjeeling. Our K.G. class was split into three sections two of Lower K.G. and one Upper. We had to split Class I also and there were more students in our higher classes also. The total number on rolls was 187.

            Some more teachers were appointed and since games were compulsory we needed more play grounds as well. This problem was solved by converting some flat pieces of land into three new small play grounds, one for basket ball, the second for junior football or senior Net-ball and the third for badminton.

            To keep K.G. children engaged during the evening ‘Prep’ of other Boarders, a K.G. Recreation Room was set up where such students could be taken by lady teachers to play indoor games. The Recreation Room had its own set of games, children’s books, a radio, a record player and a number of children’s Song and Story records. A radio and sets of indoor games were issued to bigger boys also.

            For all round development of the faculties of students a large number of Co-curricular activities had already been started. On the hobbies side we had Painting, wood-craft, leather-work, Dance Drama and Music. Later Sewing and knitting were also added to the list for girls.

            On the games side we had Football and Volley-ball for boys, Basket ball and Hockey for boys and girls both and net-ball and base-ball for girls only. (Cricket was introduced in 1968 and soon this game became very popular).  To keep parents informed of the school activities we started publication of a monthly bulletin called “The Academy News” and a daily ‘News Flash’ written by different students in turns kept them in touch with world events of importance.

            To teach the students the dignity of labour two or three ‘Self-Help’ days were organized in every term. On such days the Staff and Students combined to clean up the buildings and the compound, to repair fences, to clean up the garden and to dig pits for planting, to do the painting of the benches and play apparatus in the children’s park—and even to white wash walls of the School and Hostel buildings which seemed particularly dirty.

            We had tried to do many things during the two years and had achieved a fair measure of success in most but still had not been able to bring about stability in the staff position. There were too many opportunities open outside in the Africian States and in the neighbouring towns. Teachers came and soon left for Kalimpong, Darjeeling or for Ethiopia to take up more lucrative jobs.

       However, by 1969 after the revision of grades, there was some improvement in this direction also. Two Masters with experience of teaching in similar schools were appointed to teach Chemistry and Biology and another Master with special Qualifications in Games and Sports was appointed not only to teach general subjects to middle classes but also to coach our students in Gymnastics, Football and athletics as well. Two more Masters were appointed to take charge of our Arts and Crafts section.

            One more appointment was made in March 1970 of a highly qualified Master to teach Mathematics to Higher Classes.  With passing of each year there had been increasing pressure of students in our lowers classes. Since, however, we were not allowed to have sections above class II we had to restrict admission in Lowers classes from Lower K.G. to I also. In spite of these restrictions and withdrawals of many students, when their parents were transferred, the number stood at 232 in 1969.

Details of changes made on the curricular and co-curricular side during 1969 will be found in the Principal’s Annual Report, extracts from which have been published elsewhere in the issue and for 1970 session (which has just begun, as we are going to the press) we shall present a report in the next issue, which we hope, will paint even a better picture of the progress of the Institution. (concluded)

Patra Commission formed to give clean chit to Chamling Govt: BJP Chief Secy delaying CBI probe: Bhandari

SIKKIM OBSERVER Jan 22, 2011

Gangtok, Jan 21: State BJP President Padam Chettri said the Chamling Government’s latest move to form a commission of enquiry headed by RK Patra, former chief justice of Sikkim High Court, to look into corrupt practices is aimed at shielding the corrupt and giving them  a clean chit.     

In a statement, Chettri said the government is under pressure as both national parties – BJP and Congress – have urged the Centre to act swiftly against Chief Minister Pawan Chamling against who charges of corruption have been leveled by State Congress leaders and the file is with the CBI awaiting sanction to probe into the charges.

Justifying the proposal to set up the State’s own commission, State’s Lok Sabha MP. PD Rai said CBI is an investigating agency of the Centre and is never known to be impartial.

Sikkim National People’s Party President Biraj Adhikari said the decision to set up Patra Commission is aimed at ensuring that the CBI does not conduct its investigation against the powers-that-be in the State.

Meanwhile, former Chief Minister and Sikkim Pradesh Congress Committee President NB Bhandari accused the Chief Secretary TT Dorji for delaying CBI probe into corruption charges against Chamling and his colleagues by refusing to formally allow it to enter the State for investigation.

Govt forced to disclose names of fake Sikkim Subject Certificate holders

Gangtok, Jan 21: Those possessing ‘fake’ Sikkim Subject Certificate issued for a consideration by various authorities in the past are in for a bad time.

The State Chief Information Commissioner (CIC) N. Tsering recently asked the Land Revenue Department to provide the names of 31,180 who were issued fake Sikkim Subject certificates.

The first list of the names have to be provided by the first week of next month. The CIC’s order follows a Right to Information (RTI) application by Ganga Ram Rai, a resident of Mamring in South Sikkim.

The issue of fake SS certificates surfaced when the Land Revenue Department recently brought out a leaflet on the Pink Card issue stating that there were 31,180 cases of fake SSC holders in the State as on December 2005.

The leaflet also stated that of the State’s 6 lac population bonafide Sikkimese possessing genuine SS certificates was around 50 per cent.

Opposition parties in the State recently formed the ‘Sikkim Subject Bachao’ committee to raise public awareness over the Pink Card vis-à-vis Residential Certificate issue.

The Sikkim National People’s Party (SNPP) recently filed a FIR on the issue of fake Sikkim Subject Certificates here at the Sadar Thana.

SIKKIM’S IDENTITY CRISIS - I ‘Pink Card’ will lead to the death of ‘Sikkim Subjects’

SIKKIM OBSERVER Jan 22, 2011

Sikkim’s former Chief Secretary Sonam Wangdi says the Chamling Government’s bid to issue ‘Pink Identity Card’ to residents of Sikkim  other than ‘Sikkim Subjects’, who resided in the State before April 26, 1975 when Sikkim became the 22^nd State of the Indian Union, is aimed at driving the last and final nail on the Sikkim Subjects’ coffin.               

Rule of Law

In a democracy, the Rule of Law is the most important characteristic of a polity. The root cause of most of the fundamental problems in our country can be traced to our Rulers’ inaction or action  -  wrong action at right time or wrong action at wrong time, or right action at wrong time  - which is not consistent with the Rule of Law. The British people do not have a ‘written’ constitution; but they are governed far better than we in India are with the lengthiest written constitution in history. All the people and the three branches of the British government meticulously follow the Rule of Law. The people at the helm of affairs in the developed countries normally take right action at right time in consonance with the Rule of Law and in consonance with their conscience .  

Outsiders in Jorethang

Replying to one of the points raised by a member in the Sikkim Legislative Assembly on  28 March, 1978, the Minister-in-charge, Hon’ble Bhuwani Prasad Dahal from the Rhenock Constituency, (since deceased),  said: “It has been mentioned that unauthorized constructions have come up in Jorethang bazaar. During 1973 agitation many people came from outside and started occupying the places.” [Page160].   The Minister was responding to the statement of Hon’ble Mohan Gurung, Regu Constituency, in the Assembly: “Unauthorized constructions have come up in Jorethang bazaar. The Government should have done the proper planning of the Jorethang Bazar”. [Proceedings of the Assembly, Page 152]

     Outsiders, however, are not confined to Jorethang alone; they are all over Sikkim. The outsiders are wanted by the insiders who cannot do without them. Development works in Sikkim, even during pre-merger days, had been done by outsiders from Nepal, Bhutan and India. The Kingdom of Sikkim had the Sikkim Work Permit Rules, 1965 which required the Nepalese, Tibetans and Bhutanese and other non-Indians to obtain work permits in Sikkim. However the Indians were not required to get the permit in accordance with the India-Sikkim Treaty of 1950. The 1965 Rules is one of the many Laws in Sikkim which are in the statute book but not applied. [The Sikkim Code, Vol II Part I, Chapter I II Pp169-71Published by Law Department, Gangtok]

Immigration from Nepal

Moreover,“159. The largest volume of immigration to Sikkim takes not from India, but from Nepal. In the 1961 census 5,352 persons born in Nepal were enumerated in Sikkim of whom 1,974 were residing there for 16 years or longer, 500 for 11 to 15 years, 735 for 6 to 10 years, 714 for 1 to 5 years and 647 for less than 1 year. The duration of residence of 782 persons was not stated. The 1951 census revealed 3,162 immigrants from Nepal. Therefore, 2,190 persons must have come in the intercensal period.”. [Census of India, 1961 Volume XVI, West Bengal & Sikkim, Part I-A , General Report, Book (i) Population Progress, Page 384]

31,180 Fake Sikkim Subject Certificates

I have quoted above only a few of the most authoritative and authentic government documents to drive home my point that there are thousands of illegal settlers in Sikkim. It may be noted that the Sikkim Government itself had stated that there are at least 31, 180 “fake Sikkim Subject certificate holders”. The Sikkim National People’s Party  even filed “a formal complaint  with Gangtok Sadar Police demanding legal proceedings against 31,180 individuals possessing fake Sikkim Subject certificates as admitted by the State government earlier this year” [Sikkim Express Gangtok  6 Dec, 2010]. The police, however, will not take any action without an order from the Government. And never will the government order any action unless there is a violent agitation. For the time being, there will continue to be the peace of the grave yard. But we should be aware of John Dryden’s  “Beware the fury of a  patient man.”   

During the Dui hazaar saat saal [2007] andolan in Nepal to oust the Rana Rule, many Nepalese came to Sikkim. Some families settled in areas close to my village. Legally speaking, they cannot be  Sikkimese, since they came after 1946.       

Pink Card   

The recent ‘controversy’ about the Residential Card or the Pink Card which the Sikkim government proposes to issue to the people residing in Sikkim from 26 April, 1975 onwards is an avoidable problem. The political war of words over the “Pink Card” or “Residential Card” between the ruling and opposition parties would not have arisen if the powers that be in the past and present  had followed the Laws and the Constitution, especially Article 371F,  governing the Indian Union and  its  constituent parts.

             The Pink voters’ card in 1975 had extinguished the distinct personality of Sikkim as an Associate State, a kingdom associated with a Republic – an unprecedented event in the annals of mankind. The Pink card proposed to be given to all and sundry who are in Sikkim from 26 April, 1975 onwards will snuff out the Sikkim Subject Certificates for eternity.

I quote myself from Now,1 September, 2010: “Since 1975, Sikkim is no more a kingdom. It is unfortunate that the Bhutia, Lepcha and Tsong have lost their country and are strangers in their own land and are being made to part with the Sikkim Subject Certificates given to them by their monarch and go in for “pink cards”. Red is a dangerous colour elsewhere. But in Sikkim, pink is a dangerous hue. In April, 1975, the pink ballot paper was made an instrument to extinguish the distinct international personality of Sikkim. I do not normally vaticinate.  But, thirty-six years later, the ‘pink cards’ will certainly herald the eternal death knell of Sikkim Subjects Certificates – the last vestige of a glorious past – if the people are not alert.” (to be continued)