Dinakaran resigns, Wangdi is Acting CJ of Sikkim High Court

SIKKIM OBSERVER   Aug 6, 2011

Dinakaran resigns, Wangdi is Acting CJ of Sikkim High Court

Justice Sonam P. Wangdi

Gangtok, Aug 5: Justice Sonam P. Wangdi has taken over the Sikkim High Court as its Acting Chief Justice following resignation of its Chief Justice Paul Daniel Dinakaran.

The High Court with a strength of three judges had only two judges – Justices Dinakaran and Wangdi. One post is presently vacant.

 Sources said Justice Wangdi took over as Acting CJ of the High Court on July 30. He will continue in the post till a new CJ is appointed.

Dinakaran, against whom charges of corruption and misuse of office is pending in Rajya Sabha, submitted his papers to President Pratibha Patil in New Delhi last Friday.

Soon after the announcement of Dinakaran’s elevation as a Judge of the Supreme Court by the Supreme Court collegium in August 2009, the Chennai-based Forum for Judicial Accountability (FJA) opposed the elevation on grounds of alleged corruption land grabbing.

Subsequently, the collegium dropped his elevation and transferred him from Karnataka High Court to Sikkim High Court in July last year.

Despite opposition from the legal fraternity and Opposition parties in Sikkim on Dinakaran’s transfer he was sworn in as Sikkim High Court Chief Justice in first week of August 2010.

The Bar Association of Sikkim (BAS), which had questioned the move to transfer the “tainted” Judge to Sikkim, threatened to boycott Dinakaran’s swearing-in function if he took over the High Court as its Chief Justice.

Opposition parties, including the Congress, criticized the move to transfer Dinakaran to Sikkim stating that the State should not be made a “dumping ground’ for all unwanted elements.

However, after he took over as CJ local lawyers refrained from their anti-Dinakaran stand. During his short tenure in Sikkim Justice Dinakaran spent much of his time shuttling between Gangtok and Delhi battling charges of corruption.

In his two-page resignation letter sent to the President on Friday, Dinakaran said he was victim of “vested interests,” which had targeted him because he was a Dalit.

“I have been targeted at the instance of vested interests,” Dinakaran said in his letter.

“I have a sneaking suspicion that my misfortune was because of my circumstances of my birth in the socially oppressed and underprivileged section of the society,” he added.

With his resignation all proceedings against him would be rendered infructuous.

The former Law Minister Veerappa Moily had earlier warned: "The hand of law is quite long enough to catch anyone. I don't think Justice Dinarakan is above the law, or he is beyond the reach of the law."

One of Dinakaran’s last public appearances in the State was during the inauguration of the Auditorium hall of the High Court of Sikkim in mid-June 2011. Justice Dinakaran’s remarks in his address during the function when he said Chief Minister Pawan Chamling, who was the chief guest for the function, “is a political icon of the State and also the most respected and influential leader in this part of the nation” was not well received by those who are convinced of the alleged rampant corruption in the State administration. (see edit on page 2 – JUSTICE FOR ALL)

Editorial

FINAL EXIT

Justice For All

Transferring Justice PD Dinakaran to Sikkim High Court last year was not a wise thing. His quiet exit as Chief Justice of Sikkim High Court last week proved that Justice Dinakaran did not want to be impeached by the parliamentary panel probing his alleged corrupt practices and other irregularties, including land grabbing, while in office. Legal luminaries, being aware of the prima facie evidence of his alleged malpractices, were unanimous in their opinion that Justice Dinakaran should tender his resignation to uphold the dignity of the judiciary. And yet the former Chief Justice chose to hang on to power and carry on with his legal battle. He was sent to Sikkim as there was very little work there. It was a punishment posting and with his appointment as High Court CJ the Sikkimese people’s feeling that the nation, after taking over the former kingdom, was using it as a “dustbin” was further reinforced.

That the resignation came a day ahead of the hearing of the three-member inquiry committee appointed by Rajya Sabha chairman to probe into charges of land grabbing and acquiring of assets disproportionate to his income go to show that Justice Dinakaran did not have much faith in the panel. It also shows that he was on an unsound legal footing to carry on with his case. He fought fruitlessly in the Supreme Court to get some reliefs. With less than a year before his retirement Justice Dinakaran did a wise thing by putting in his papers. Judges and former Judges of Sikkim High Court have evoked much controversy in recent years: one allegedly committed suicide or was murdered while in office, one faced corruption charges after being transferred, one died of liver cirosis while in office, one had to resign as chief justice of Bombay High Court and now Justice Dinakaran has resigned. The Judiciary, along with the Legislature, are still on trial in Sikkim but for how long. The warning given in this column when Justice Dinakaran took over the High Court of Sikkim in August 2011 needs to be repeated: “India is on trial in Sikkim, not Justice Dinakaran.”

GJM makes U-turn on Jalpaiguri, proposes two districts in Darjeeling

Observer News  Service

Darjeeling, Aug 5: Gorkha Janmukti Morcha chief Bimal Gurung said he was prepared to allow the State Government to go ahead with the proposed bifurcation of Jalpaiguri district without first settling the issue of territorial jurisdiction of the Gorkhaland Territorial Administration (GTA).

At the all-party meeting held in Kolkata on Wednesday, Morcha general secretary Roshan Giri had said asked the government not to bifurcate Jalpaiguri to create a separate Alipurduar district till the issue of the territorial jurisdiction of the GTA was sorted out.

   Morcha’s stand changed after Gurung met Chief Minister Mamata Banerjee after the all-party meeting. “Madam (Mamata Banerjee) is doing so much for us after 34 years. She has given us a tangible dream of development, besides the GTA. We can set aside some minor differences to co-operate with the government and not obstruct it in what it wants to do,” Gurung said.

Giri was present during the Morcha leaders meeting with Mamata, who is believed to have persuaded Gurung to be more magnanimous.

“This government is doing more than any government has done for the hills since Independence. The chief minister asked the Morcha to appreciate that and set aside such minor differences. The Morcha was told to understand how much co-operation it was receiving from our government and therefore it should reciprocate accordingly,” said a minister.

In the all-party meeting, the Morcha had also demanded that GTA should be split into two districts.

“Population should not be the only criterion for creating new districts. Topography, lack of development and infrastructure should also be considered. Proximity to the international border also has to be taken into account. Darjeeling should be divided into two districts,” Giri had demanded.

Giri said later that he had suggested at the meeting that the population of Darjeeling district had grown much and it would help in better administration if the district was bifurcated. Being a hill area, districts of smaller size were preferable, he argued. The GJM delegates, including Kalimpong MLA Harka Bahadur Chhetri, wanted one district to comprise Darjeeling and Kurseong subdivisions on the western part of the Teesta and the Terai areas included in the present Darjeeling district and the second district to comprise the Kalimpong subdivision on the eastern part of the Teesta and parts of Dooars. Both the districts should be placed under GTA, Giri argued.

 “The Morcha was clearly told that there was no question of dividing Darjeeling at the moment and the government expected it to not create any new trouble on the issue. The Morcha leadership agreed,” said a Writers’ source.

The all-party was convened to discuss on creation of five more districts in West Bengal and renaming the State.

 “The name should have a historical perspective and preserve the state’s heritage. We want a name that shouldn’t hurt anybody,” Mamata said.

The next all-party meeting will be held on August 19.

Gyatso takes over as Chief Secy

Chingapa honest & committed: CM

Observer News Service

Gangtok, Aug 5:  Karma Gyatso, a 1977 batch IAS officer, is Sikkim’s new Chief Secretary. He took over the post on Monday from the outgoing Chief Secretary, Norbu D. Chingapa.

Rinzing Ongmu, IAS, wife of Health Minister D N Takarpa, has been appointed Additional Chief Secretary. Both the officers hail from the minority indigenous Bhutia-Lepcha tribal community in the State.

In a farewell function held here yesterday, Chief Minister Pawan Chamling, while welcoming the new Chief Secretary, said Chingapa was an able administrator, honest and a hardworking person.

The Chief Minister said the outgoing Chief Secretary, who is a Bhutia, always had a sense of commitment for the people’s welfare. Chamling described Chingapa, who held the post twice, as a man of sound moral character and a thorough gentleman.

Gyatso and Ongmu’s appointment has been welcomed and appreciated by the Sikkim Bhutia-Lepcha Apex Committee (SIBLAC), an umbrella organization of the State’s indigenous Bhutia and Lepcha tribals.

In a statement, SIBLAC President Tseten Tashi Bhutia said the appointment of the two officials was “long awaited and deserving.”

Gyatso, an alumnus of St. Augustine’s School (SAS – Kalimpong), who belongs to the ethnic and indigenous Lepcha community, is a close relation of Sikkim’s first chief minister Kazi Lhendup Dorji Khangsarpa, a Sikkimese aristocrat from the Lepcha community.

Observers believe that after Gyatso and Ongmu’s retirement in a few years it would be very difficult for bonafide Sikkimese from the three ethnic communities – Lepchas, Bhutias and Nepalese – to hold the highest position in the State administration.

Late T W Barfungpa, a Secretary in the State Government who was killed in a tragic car accident in April 2009, would have been the last local to hold the Chief Secretary’s post.

Chamling demands ST status for ‘Sikkim Subjects’

Gangtok, August 3: Chief Minister Pawan Chamling has reiterated his proposal to include bonafide Sikkimese in the list of scheduled tribes in the State.

During his on-going village-to-village tour of the State here last week, Chamling said the Centre should meet his government’s demand for inclusion of all ‘Sikkim Subjects’, who possess Sikkim Subjects Certificate, in the list of scheduled tribes in the State.

While speaking to the people here the Chief Minister said he was hopeful that this demand would be fulfilled as the Centre had given income tax exemption to “Sikkim Subjects” a few years back.

Presently, only four communities in the State have been declared STs in the State. While the minority indigenous Lepchas and Bhutias were declared STs three years after the merger in 1978, the Limbus and Tamangs, who are Nepalese and earlier included in the list of ‘other backward classes’ (OBCs) in the State, got ST status in 2003.

Notable among the Nepalese ‘Sikkim Subjects’ who are in the State’s OBCs’ list are Gurung, Rai, Mangar and Sunmar. Upper caste Nepalese such as Bahun, Chettri and Newar, who are ‘Sikkim Subjects’, do not figure in the list of OBCs. The other section of the Nepalese community in the State who also possess Sikkim Subjects Certificate are Kamis and Damais and they belong to the scheduled caste community.

Around 70 per cent of those who were issued Sikkim Subjects Certificate during the Chogyal rule prior to the merger in 1975 were Nepalese.

The Chief Minister who began his village campaign in mid-May will wrap up his state-wide tour shortly with a short tour of the tribal-dominated north district.

Sikkim streams, rivulets to be tapped for power generation

CAG had indicted govt on hydro power projects

Observer News Service

Gangtok, Aug 5: Even as nearly 30 mega hydro power projects in the State faces opposition and criticism from many quarters Sikkim will from this month begin tapping its streams and rivulets for power generation.

The Sikkim Renewable Energy Development Agency (SREDA) will begin its survey to explore mini-hydropower potential in the State which is estimated to be around 500 MW.

The electricity harnessed from the rivers will be supplied to the villages near the project sites.The project will also be used for irrigation and water supply in the villages, according to SREDA sources. To begin with at least 13 mini power projects have been earmarked for north and east districts.

As the State embarks on a new venture on exploiting the State’s mini-hydro power potential, estimated to cost around Rs 20 crore, it would be worth while to note how mega hydro power projects in the State have been handled.

The 2011 annual Comptroller and Auditor General (CAG) report has strongly indicted the State Government on its handling of the power sector in Sikkim:

“Even though the State Government has not framed any PPP (Public Private Partnership) policy for the State the Government opened the power sector to private developers with the objective of gaining in a big way by exporting electricity to other States. The State Government commenced award of hydro power projects to Independent Power Producers (IPPs) without working out any effective modality and finalizing any plan or policy.”

The report said, “Projects were awarded at throwaway charges which compared very poorly with the charges imposed by all other hydro power States in the country in respect of royalty revenue, upfront premium, penalty for delay, local area development, etc.

Effective safeguards were not incorporated in the agreements against delay in completing various milestones laid down for completion of the projects and negligence in maintaining the projects after commissioning.”

The CAG report also slammed the authorities for environmental neglects: “Environmental issues such as identification of proper dumping sites, safe disposal or excavated material, compensatory afforestation, catchment area treatment and biodiversity preservation were neglected and delayed.Monitoring of execution of the projects was virtually non-existent.”

2 killed, 3 injured in Lachen car mishap

By A Staff Reporter

Lachen, Aug 5: Two Lachenpas died in a tragic car accident here on Saturday.

Mr and Mrs Dotam Lachenpa died when the private vehicle in which they were traveling skidded off the road and fell into the Teesta river at about 9 a.m. at Dho-kya-rho, about one km above Thangu in northern Lachen, north Sikkim.

While Dotam died on the spot his wife died three hours later in an army hospital at Thangu.

Three others, including the driver, who were in the same vehicle incurred minor injuries and were hospitalized.

National media tour of Nepal in November

Observer News Service

Gangtok, Aug 5: A delegation of National Federation of Working Journalists (NFWJ) is expected to visit Nepal in November this year for a study tour.

Before visiting Nepal the delegation will participate in the two-day 3^rd National Media Convention at Gorakhpur. The focus of the convention will on India’s media coverage of events in Nepal, state of the Indian electronic media and media and election coverage in the light of ‘paid news’ reports.

The IFWJ working committee will hold its 120th session along with the convention, according to IFWJ President K. Vikram Rao.

On their way to Kathmandu the participants will visit Lumbini in Nepal where Gautam Buddha was born. Lumbini at the Indo-Nepal border is a sacred pilgrimage centre for Buddhists.

Delegates will meet high dignitaries of the Nepal Government during their stay in the Himalayan State.

Members of the Sikkim Federation of Working Journalists (SFWJ), which is affiliated to the NFWJ, have been invited for the convention and four-day study tour of Nepal, according to Federation General Secretary Khagendramani Pradhan.

New Ben gompa body takes charge

Observer News Service

Gangtok, Aug 5: The newly-formed 7-member committee of Ben monastery (gompa) in south district, which has been approved by the Law Department of the State Government, formally assumed its responsibility on Wednesday, an auspicious occasion of Drukpa Tseshi.

The committee headed by its President Karma Tsering Nadik has the following members: Lhendup Dorjee, (Vice-President) Tshering Thendup Nadik (General Secretary), Gyatso Dokhampa (Joint Secretary), Lama Yangching Kaleon (Treasurer) and two executive members.

The meeting on Drukpa Tseshi was attended by lamas, nuns and villagers of Ben and adjoining Nampric bustee, a release by Major T. Gyatso said.

The committee urged all villagers to maintain the monastery. It decided that all works related to the monastery be approved by the committee, a body recognized by the State Government. Members during the meeting urged the State Government to help meet portion of funds for works undertaken by the monastery.

Most Sikkim vehicles yet to get high security number plates

By A Staff Reporter

Gangtok, Aug 5:  Since the implementation of High Security Registration Plates (HSRP) in the State in 2009 only 11,508 vehicles have been fitted with HSRP till date.

According to N. Sharma, Motor Vehicle Inspector (MVI) technical (Headquarters), all vehicles in the State are legally bound to affix HSRP number plates before payment of next token tax.

Those who fail to do so will face legal action under the provision of the Central Motor Vehicle Act-1988, Sharma said. He added the Department will seek the help of the police to take action against those who fail to get the new number plates.

Sharma said that there are approximately 46,995 vehicles plying across the State currently but the exact figure of vehicles are still unknown.

One of the main reasons why vehicle owners have not got HSRP number plates is mainly due to their high cost. While the cost of such number plates in other States such as neighbouring West Bengal is around Rs 500, in Sikkim the cost for light and heavy vehicles is Rs 2048 and Rs 821 for two-wheelers.

Sikkim’s population is 6 lacs, 75% rural

Gangtok, Aug 5: Its official now – the population of Sikkim is pegged at 6,07,688.

The provisional population of Sikkim stands at 6,07,688 persons consisting of 4,55,962 rural and 1,51,762 urban population as on 1st March 2011.

This was disclosed by Dr. Dilip Kumar Dey Jt. Director, Directorate of Census Sikkim, while formally releasing the Provisional Population Totals Paper-2 of the year 2011 here last week, according to PIB.

Paper-I of the Provisional Population for the state of Sikkim released on 7th April, 2011 emphasized on density of the population and literacy rates, Paper-2 released on Thursday made an attempt to present an important profile of the state, like rural – urban distribution, the trend of urbanization and distribution of literate population at rural and urban areas at the district level.

According to the Provisional Population, East District is the most urbanized district in the state, Three major statutory and one census town is located in the district with 1,20,750 population pocketing 79.59 percent of the total population.

 Sikkim is an agrarian State with 75 percent rural population, which also includes the population of the forest villages, tea estate and monastery. The fall in the decadal rural population in Sikkim has happened mainly due to the decision of the government to upgrade the existing towns into Municipal Corporation and municipality by merging a number of villages adjoining to these towns, which is also witnessed by significant growth of 153 percent recorded in the urban population.

The provisional census 2011 shows that the sex ration in Sikkim (Number of Females per 1000 Males) is 889 while the percentage of child population in the age group 0-6 years in Sikkim is 10.37.

The figure also shows the decadal growth of child population 0-6 years per person 2001 to 2011 is -21.89 percent.  The literacy rate of the state, according to the provisional figures 2011 released stands at 76.04 with 87.80 urban and 74.50 in rural areas. 

The Jt Director, Census D K Dey informed that the Socio-Economic and Caste census is likely to begin in the state in October this year.

 STATEHOOD DEMAND - III

“Technically speaking, Darjeeling is not part of Bengal”

The distinct political identity of the hill people for which the guaranteed safeguard provides is contained in the meaning of the Govt. of India Absorbed Area (Laws) Act 1954, which describes Darjeeling District as a Partially Excluded Area was transferred for the administrative management only to the State of West Bengal within the provisions of the Fifth Schedule.

Technically speaking, Darjeeling District is only temporarily merged with the state of West Bengal within the provision of V Schedule. All areas in India under the provision of the V & VI Schedules are under the President of India and perceptually not within the territory of the state who is managing the administration. Therefore, it is a total misconception of the people of the state to allege the right to demand a state tantamount to division of the state territory.

This misunderstanding is causing immense damage to the psychic of the people on either side of the board and unnecessarily fanning pervasive ideas and eluding the truth. It is only proper and fair the state, now under intellectual dispensations requires addressing this problem once and for all so that divisive elements are disabled from interpreting the constitutionality of the demand otherwise.     

It is therefore most relevant to mention this in the first paragraph of the petition before submission. In the constitutional roadmap of state formation, demand for Gorkhaland at this moment of time seems an aberration, and unacceptable within the provision of the V Schedule. However, if in the new Census 2011Gorkhas  are listed as Scheduled Tribes this would complete the second criteria of the V Schedule  - Scheduled Area, which can in fact help the ‘hill people’ and the constellation of ‘Gorkha’ new Scheduled Tribes combined, in legally demanding maybe even Gorkhaland. Hence at this moment Gorkhaland is possible within the state only.  

The present contemplated setup Gorkhaland Territorial Administration (GAT) has the face of the provisions of the [PESA] Panchayats (Extension to the Scheduled Areas) Act 1996 (No. 40 of 1996). This was particularly formulated for V Schedule –Scheduled District Areas as an extension of Part IX (Article 243) of the Constitution. This is a perception in noting that “GTA would be above the Zilla Parishad. it will also supervise the functioning of the Zilla Parishad”. If PESA seems to be implied then out of constitutional constraints Scheduled Area (to list new members of Scheduled Tribes) requires to be effected before election to GTA.

If this perception inclines to be authentic then, whether ignorantly or wisely, the hill people’s legal right is seemingly further marginalised to a point of its extinction in recognition of the fact Darjeeling District will become and a part of West Bengal permanently, seen as legally repealing the Govt. of India Absorbed Area (Laws) Act 1954 – the Absorbed Areas of Sikkim and Bhutan constituting Darjeeling District, democratically applying for amalgamation with West Bengal in the Union of India .

This is observed because only in 2011 the Sikkim Legislative Assembly passed a Resolution No. 3 demanding a state for the people of Darjeeling, this combined with the new Indo-Bhutan treaty 2007 wherein Rs. 5 lakhs annual gratuity is seen to be omitted, inferring in international understanding, the non acceptance of the annual gratuity is seen as a resolution guaranteeing Darjeeling District (Kalimpong and the 11 Dooars included) to demand a state in India.

With all these constitutional and international understanding perceived, the question to be asked at this moment of time is whether the hill people of Darjeeling District generally wishes to remain within the State or as frequently demanded since time immemorial has demanded a separate administrative unit outside it by demanding a separate state within the Union of India. This is a subject which requires a seminal discussion.             

This seems to be the reckoning of the program being followed by the GJM representatives, perceptually.  Which if misplaced otherwise the there is a reasonable possibility the hill people will (a). wait till the next Census 2021 and (b). there is an element of constitutional interpretation of Article 1(3c ) implied to Article 3 (a or b whichever applicable) which may allow if confirmed by the MLAs and MP (democratically) to apply for permanent merger into the state, Constitutionally but seemingly unconstitutional. The reality is at hand and very soon to come about. The thrill is in the anxious wait.

The Darjeeling Dooars Peoples Forum (DDPF) is urged to read the above thoroughly before needlessly citing the cases of Meghalaya –PEA (VI Schedule)-1972; Tripura- CAA, UT (VI Schedule)-1972; Arunachal Pradesh – EA-UT (VI Schedule) -198; Mizoram –EA, UT-Sixth Schedule (1987). (Hillman the analyst – concluded)