SIKKIM OBSERVER         May 12, 2012

Delay Namgyal sought withdrawal of graft plea against Chamling from Supreme Court on March 22

Gangtok, May 11: Delay Namgyal Barfungpa and Pema Dadul Bhutia have decided to withdraw their petition from the Supreme Court against the State Government’s refusal to allow the CBI to probe corruption charges against Chief Minister Pawan Chamling and his Cabinet members.

The two had filed an application before the apex court on March 22, 2012 to withdraw their plea against the State Government, stating that while it was financially and logistically inconvenient for them to pursue the case in the apex court, a similar writ petition was pending before the High Court of Sikkim.

In their application to the apex court, the duo have stated: “That the above writ petition is pending before this Hon’ble Court is presently at the stage of notice. That just recently the petitioners have come to learn that a Writ Petition being Petition (C) No. 54 of 2011 filled by one Janga Bir Darnal on 14.12.2011 is pending disposal in the Hon’ble High Court of Sikkim raising therein similar question as in the present Writ Petition, one of them being the legality and validity of the withdrawal of consent under Section 6 of the Delhi Police Establishment Act., 1986 by the State Government.”

As a decision in Darnal’s writ petition “would determine the question in controversy to the satisfaction of the Petitioner herein, it would be convenient both physically and monetarily for them, who are the residents of Gangtok, Sikkim to pursue the above case in Sikkim.”

“That for the reason aforesaid this petition being filed seeking leave to withdraw the present Writ Petition,” Namgyal and Bhutia said in their withdrawal application.

When the duo filed their petition before the Supreme Court in January, the apex court issued notice to the Central and State governments, and the CBI to respond to the serious allegations of corruption against Chamling and other ministers of his government.

A bench of Justice R.M. Lodha and Justice H.L. Gokhale issued notice on a petition by Barfugpa seeking the quashing of July 21, 2010 notification.

The petitioner at that time said that CBI has enough proof of Chamling and his colleagues’ alleged involvement in corrupt practices. Prior to the notification there was a general consent under which CBI could proceed against any official of the State or the central government in the State without any sanction.

In December 2012, the CBI asked the State Government for permission to prosecute Chamling and was reportedly turned down.

Chamling, who heads the Sikkim Democratic Front, has been the Chief Minister of Sikkim since 1994. Presently, all the 32 seats in the Assembly belong to the SDF.

Assembly seats are reserved for Bhutia-Lepchas as per 1973 pact: Centre

BJP MP raises Limbu-Tamang seat reservation issue in Lok Sabha

Gangtok, May 11: The minority Bhutia-Lepcha tribals got another endorsement from the Centre on the seat reservation issue in the Sikkim Legislative Assembly. It has categorically stated that the 12 seats reserved in the Assembly are meant for the minority community on the basis of its ethnicity and not for their scheduled tribe status.

In response to a query from the BJP MP, Balkrishna K. Shukla, on the Assembly seat issue of the Limbus and Tamangs of the State, who were declared STs in 2002, Union Minister of Law Salman Khurshid last week in the Lok Sabha said the 12 seats reserved in the Assembly for the Bhutia-Lepchas were as per the historic Tripartite Agreement of May 8 1973 between the Government of India, the Chogyal of Sikkim and leaders of political parties of Sikkim.

Referring to Assembly seats reserved for the Bhutia-Lepchas, Khurshid said, “…12 seats are reserved for Bhutia-Lepcha not as Scheduled Tribe but as sequel to political agreement in the year 1973 between Government of India, ex-Chogyal of Sikkim and Political Parties of Sikkim.”

He said seat reservation of the Limbus and Tamangs would depend on the latest population figure of the State as per 2011 Census.

“It is learnt form Office of the Registrar General of India that even though population enumeration exercise has been completed, it would require more then a year to get the individual Scheduled Castes and Scheduled Tribes figures to be finalized and published,” Khurshid said and added, “Hence, a decision regarding reservation of seats for scheduled tribes, Limboo-Tamang, Bhutia- Lepchas etc. will depend on individual population details of Scheduled Castes and Scheduled Tribes figures based on 2011 census which is still awaited.’’

Referring to the seat reservation issue in the Assembly, the Union Law Minister also stated, “Any increase / decrease in the present status could be considered only after wider debate from all the Stake holders in the State of Sikkim.”

Sikkim BJP chief Padam Chettri said the people of Sikkim are grateful to the BJP for raising the issue in the Parliament on May 3. He alleged that even the two MPs from Sikkim have not raised the issue in the House and have “completely ignored the burning issue.”

“The Limboo and the Tamangs were declared as Scheduled Tribes in 2002. Since then the Census of India has been conducted and the population figures of the two tribes are available. I do not see any reason why the reservation of seats for them should be delayed any longer,” Chettri said in his letter of thanks to Shukla, who is in-charge of the State unit.

SC directs Centre to probe graft charges against ex-CJI Balakrishnan

New Delhi, May 11: The Supreme Court on Thursday directed the Centre to appoint a competent authority to look into the allegation of judicial misconduct against National Human Rights Commission (NHRC) Chairman and former Chief Justice of India (CJI) KG Balakrishanan during his tenure as judge in the apex court.

A bench of justices B S Chauhan and J S Khehar said if there is any truth in the allegations, then it is for the President to make reference to the Supreme Court, on the advice of Council of Ministers, for inquiry against the former CJI.

 Saying that the allegations made against former CJI have given rise to a 'peculiar situation', the Supreme Court asked a competent authority of the Centre to look into charges of misconduct against him, PTI reported.

The court was hearing a PIL by civil society Common Cause, which had alleged that the ex-CJI and his relatives amassed wealth far exceeding their legal income through benami transactions during Balakrishnan's tenure as an apex court judge.

Besides allegations of misconduct against Justice Balakrishnan, it has also been alleged in the public suit that his two sons-in-law and brother amassed wealth disproportionate to their known sources of income when he was in the Supreme Court from 2007 to 2010.

The SC asked the Centre to refer it to the President and see if there was any prima facie evidence to support the allegations.

If found alternatives, the President should follow the procedure prescribed under section 5(2) of the NHRC act, 1993 for his removal as NHRC chairperson.

The provision prescribes the President to refer the matter to the Supreme Court, which will form a committee to inquire into the allegations independently.

A provision under the Human Rights Act says the NHRC chairperson or its members cannot be removed from their offices unless the President of India orders it on the ground of proved misbehaviour, ascertained by the Supreme Court after an inquiry on President's reference for the probe.

A Bench of Justices B S Chauhan and J S Khehar had on Monday reserved its verdict on the petition, which also sought its direction to government to make a Presidential reference to the apex court for the removal of former Chief Justice of India Balakrishanan's removal as the chairman of National Human Rights Commission.

Justice Balakrishnan had been elevated as a Supreme Court judge in June 2000 and was appointed the Chief Justice of India on January 14, 2007. He retired on May 12, 2010 after which he was appointed NHRC chairman.

In the last hearing on March 12, the Centre had told the Supreme Court that it is probing into the allegations that Balakrishnan and his relatives had amassed disproportionate assets during his tenure as judge and submitted a probe status report to it in a sealed envelop.

The court after going through the report asked the government to tell it as to what further action it intended to take on allegations against former CJI and granted three weeks to apprise it of its intended actions.

Sikkim High Court never asked govt to pass destruction of records bill: BJP

Gangtok, May 11: The State unit of the BJP has revealed that the High Court of Sikkim had nothing to do with the controversial bill of the Sikkim Legislative Assembly aimed at destroying past records and documents of the State Government.

OP Bhandari, OSD (Legal) to Chief Minister Pawan Chamling, recently made a complaint to the High Court regarding criticisms of the Opposition to the Sikkim Disposal and Destruction of Documents and Records Bill, No 25 of 2012, which was introduced, considered and passed on March 20, 2012 in the Assembly.

According to Bhandari, it was as per “the desire” of the High Court that the Bill was proposed to the Government for legislation. In order to “give due regards and honour of the decisions of the Hon’ble High Court of Sikkim,” the State Government “felt it necessary to pass a bill in the Sikkim State Legislative Assembly and therefore the said bill was unanimously passed by the House”, Bhandari said in his complaint to the High Court.

“The Opposition Political Parties are not aware that to criticize and comments on the decision of the courts amount to contemptuous and the person or organization criticizing the decision or proposal of Court are liable to be viewed adversely,” Bhandari added, according to BJP Sikkim unit chief Padam Bahadur Chettri.

 “As such, I consider it my bounden duty as necessary to write a complian/ letter addressing to the Registrar General of High Court of Sikkim, annexing all the documents/newspapers and letter and other evidence about the criticism made by the various quarter about the said bill, to request the Hon’ble Court to take cognizance of the Offence made by the Opposition Political Parties for registration of contempt of court proceedings against them, if it is attracted for commenting and criticizing against the desire of Hon’ble Court,” Bhandari said in his letter.

The High Court, however, has denied Bhandari’s views that it was on the High Court’s advice that the Bill was passed in the Assembly. It reacted, “There are no correspondences/ documents on the Bill between the High Court and the Government”.

It said, “High Court never desired the bill to be enacted by the State Government” and added, “High Court did not ask State Government to bring the bill in the Assembly so the question of quoting law as requested does not arise”. (Himalayan Guardian)

Centre to send fact-finding team to Sikkim on hydel projects

Gangtok, May 11: The National Board for Wildlife of the Ministry of Environment is likely to send a fact-finding to the State to assess all hydropower projects in the State following complaints lodged before it on the fallout of these projects on the State’s rich cultural and natural heritage.

This was revealed by a high-powered delegation of the minority indigenous Bhutia-Lepcha tribals which is presently camped in New Delhi and apprising the Central leadership of the need to preserve the State’s unique cultural heritage.

According to Tenzing Bhutia, spokesperson of the delegation, the team is being led by former minister and Convenor of Sikkim Bhutia-Lepcha Apex Committee (SIBLAC).

Led by SIBLAC chief, members of the National Sikkimese Bhutia Organisation (NASBO 371F), Monks of Sikkim and Denjong Chyarig Chogpo met the Chairman of the National Minority Commission Wajahat Habibullah at his office in Lok Nayak Bhawan on Tuesday and expressed their thanks and gratitude for all the support and guidance being given to the Sikkimese people from time  to time.

The delegation requested the Chairman to declare the Lepcha reserve of Dzongu in North Sikkim as National Heritage Zone with a view to preserving their culture and political rights of the fast-vanishing Lepcha tribes.  The formation of State Minority Commission in the State was also raised with the Chairman.

The delegation apprised the ministries of Home and Environment of the need to save Sikkim by scrapping a number of hydel projects such as 97 MW Tashiding and Lethang hydro-power projects in West Sikkim. Officials of these ministries were also briefed on the various issues relating to Sikkim, the spokesperson said.

 “The delegation appraised the National Board for Wildlife on the latest of the controversial hydro-power projects, particularly those that has posed threats to the Sikkimese dharma and lineage,” a press release of the delegation said.                                                                                                        

JUDICIARY SUPREME                                                                                                                                                                     

Supreme Court Shows The Way

The Supreme Court has finally nailed its former Chief Justice, KG Balakrishnan. It has asked the Centre to appoint a “competent authority” to probe into charges of corruption and judicial misconduct against the former CJI, who is presently Chairman of the NHRC. Balakrishnan should honour the Court’s verdict and quit his office to pave way for a fair probe. In another controversial matter, the  five-judge bench of the apex court headed by CJI SH Kapadia  on Friday has issued notice to all states and PIL litigants in the 2G scam case on Presidential reference seeking its opinion on whether auction was the only method for allocation of natural resources including spectrum. The Supreme Court had earlier cancelled 122 2G licences, allotted during the tenure of former Telecom Minister A. Raja, who has been jailed for alleged corrupt practices and is undergoing trial. When the executive and the legislature are hand-in-glove in looting the people it is the judiciary’s sacred responsibility to act tough and show the way.

In yet another controversial issue, which has been hotly debated publicly in Sikkim, the Supreme Court has transferred a writ petition on the 97 MW Tashiding hydropower project in west Sikkim  filed before it by concerned Sikkimese, to the High Court of Sikkim mainly because the issues raised in the petition are “local in nature.” How thoughtful of the apex court to think that way and allow the High Court to look into the matter. After keeping the case pending for a long time former CJI Balakrishnan said it was not the court’s duty to direct the CBI to probe into charges of corruption against Chief Minister Pawan Chamling and his associates and left it to the petitioners to approach investigating agencies on the matter. The reported withdrawal of the graft petition against Chamling by some Congress leaders after Balakrishnan’s verdict is followed by yet another petition filed before it in January this year on the same issue. How the apex court reacts to the request for withdrawal of the writ petition by petitioners Delay Barfungpa and Pema Bhutia is being closely watched.

The people of India look to the Supreme Court as an instrument of social justice and a guarantor of the great ideals enshrined in the Constitution. When the political leadership and the bureaucracy show a callous indifference and insensitivity to its mandatory duties which affect the basic rights of the people and when the law enforcing agencies exhibit their brutality in the process of implementation of law, should the court remain a passive observer of the scenario?

The judiciary must strive to maintain the respect it commands amongst the masses for its independence and integrity. If the Court has become increasingly effective in its role as the final arbiter of justice, it is because of the confidence the common man has placed in it. Its strength lies largely in the command it has over the hearts and minds of the public and the manner in which it can influence and mould public opinion, as the distinguished French author Alexis de Tocqueville describes, the power wielded by judges is the power of public opinion.The citizen's disillusionment with almost all our public institutions and functionaries has reached nearly its melting point in this country. In that context, his last hope is the Supreme Court. Hence, it is important that the Court maintains its effectiveness undiminished and reputation unsullied.

CBI freezes bank accounts of Reddy’s firms

Hyderabad, May 11: The Central Bureau of Investigation (CBI) on Tuesday froze the bank accounts of Jagati Publications, Indira Television Ltd and Janani Infrastructure owned by Kadapa MP Y.S. Jaganmohan Reddy in the illegal assets case.

Jagati Publications and Indira Television run Sakshi Newspaper and Sakshi TV, respectively.

The CBI had directed State Bank of India and Oriental Bank of Commerce to freeze the accounts of these firms in their city branches as they could have “ill-gotten’’ money.

The investigating agency had so far filed three charge-sheets in the case. The 88-page chargesheet names Jagan as accused No. 1 and has five others as accused, including a serving Indian Administrative Service (IAS) officer, according to agencies.

The CBI had filed the first chargesheet on March 31, followed by a second one on April 23. CBI sources say more chargesheets are likely to be filed as the investigation into the case proceeds.

The third chargesheet contains details of undue favours granted to a company called Ramky Infra during Jagan's father and former Andhra Pradesh chief minister YS Rajashekhar Reddy's regime. Ramky Infra has been accused of depositing a huge sum of money in the accounts of Jagathi Publications owned by Jaganmohan Reddy.

The accused are Jaganmohan Reddy, Vijay Sai Reddy (Jagan's auditor), Jagathi Publications, Ramky group chairman Ayodhya Rami Reddy, IAS officer G Venkat Reddy and Ramky Pharma Ltd. G Venkat Reddy is currently the district collector of Srikakulam.

All the three chargesheets have been filed following investigations into the disproportionate assets case against Jagan.

Meanwhile, the Telugu Desam Party and Communist Party of India (Marxist) on Tuesday wondered why the CBI was not arresting Reddy in the disproportionate assets case despite naming him as the prime accused in three charge-sheets filed in the court.

"The CBI owes an explanation to the people on the Jagan issue. Otherwise, the CBI will be making the sobriquet Congress Bureau of Investigation true," CPI-M Politburo member and State Secretary BV Raghavulu said.

Sikkim awards for 29 notable citizens

Gangtok, May 11: The State Government has instituted the Sikkim State Civilian Awards with a view to encouraging people to make notable contributions in their respective fields.

This was stated by Secretary Cultural Affairs and Heritage Department Secretary Nalini G. Pradhan during a press conference here on Wednesday.

Pradhan, who was accompanied by Secretary IPR Department KS Tobgay during the press briefing, said  the Sikkim State Civilian Awards is conferred in three categories, namely: Sikkim Ratna (Category-A), Sikkim Sewa Ratna (Category-B) and Sikkim Sewa Samman (Category-C).

Pradhan said the State’s highest civilian award is given in all disciplines of activities namely social services, sports, music & arts, literature, trade and industry etc. 

For the year 2012 no one has been recommended for Sikkim Ratna. However, nine persons have been recommended for Sikkim Sewa Ratna and twenty persons for Sikkim Sewa Samman.

The presentation of these awards will be made on May 16 (State Day) each year.

SC transfers Tashiding hydel project case to Sikkim High Court

Issues raised in the petition are local in nature: Supreme Court

Gangtok, May 11: The Supreme Court has transferred a petition filed before it on the controversial Tashiding hydropower project in west Sikkim to the High Court of Sikkim.

   Responding to writ petitions filed before it by Tenzing Bhutia and others, the two-judge bench of the apex court consisting Justice Altamas Kabir and Justice Surinder Singh Nijjar on Tuesday said as the issues raised in the petition are “local in nature” it should appear before the High Court under Article 226 of the Constitution.

“Accordingly, let the writ petitions…. be transferred to the Sikkim High Court” and “be treated as writ petitions under Article 226 of the Constitution,” the order said.

Article 226 of the Constitution gives the High Courts the power to issue certain directions, orders or writs to any person or authority, including governments, on matters placed before it.

“The question raised in these writ petitions under Article 32 of the Constitution should, in our view, be first considered by the Sikkim High Court under Article 226 of the Constitution,” the order of the apex court said after hearing the petitioners’ counsel Prashant Bushan.

It added, “There are various issues involved which are local in nature and should be considered at that level.”

While disposing of the petition, the court directed the registry to “arrange for transferring the records of the writ petitions to the Sikkim High Court, within a week from date.”  “Liberty is given to the petitioners in these writ petitions to mention the matter before the Sikkim High Court for taking up the matters at an early date,” the order said.

According to Bhutia, the 97MW Tashiding hydel project is not only anti-people but also illegal. “The project violates applicable laws relating to religious sites as well as to the environment and ecology,” Bhutia said.

The writ petition has urged the apex court to issue an order directing financial institutions such as the World Bank and Asian Development Bank to stop funding the project, Bhutia said.

CVC to provide timely solution to graft complaints

New Delhi, May 11: After noting instances of delay in attending to graft cases by certain departments, the Central Vigilance Commission (CVC)  has decided to modify its policy to ensure timely resolution of complaints on corruption.

Officials said the anti-corruption watchdog is devising ways by which citizens' grievances can be handled effectively and in time, PTI reported.

"The CVC has decided to slightly modify its complaints handling policy in such a manner which would make it more clear and to incorporate time limits for processing or investigation by departments in matters of complaints sent for necessary action by the Commission," an official said.

He said the changes will be aimed at facilitating monitoring of graft complaints.

Among other measures, the probity watchdog is also considering sending SMS alerts and emails to inform complainants about the status of their complaints.

It has asked Chief Vigilance Officers of all government departments to use a state-of-the-art online application specifically developed for the purpose of dealing with people's grievances and to check delays.

"The new measures will be in place soon," the official said.

In a related development, the Department of Personnel and Training has asked all its departments to strictly follow a time limit of three months to decide on granting sanction for prosecution of a public servant accused of corruption.

It has also asked secretaries of respective departments to monitor such requests by prosecuting agencies and submit a monthly compliance report to the Cabinet Secretary.

The CVC, which acts as a nodal agency for the government to devise ways to check corruption, alleged graft.

The Commission has an anti-corruption hotline in which an aggrieved person can call to lodge a complaint on unnecessary delay of work in any department due to demand for "undue favours" or "gratification" by public servants.

SIBLAC seeks ‘justice’ from DGP for Bhutia’s arrest

Gangtok, May 11: Director General of Police (DGP) Jasbir Singh has been asked to look into the arrest of Yapchung Bhutia, an active member of the Sikkim Bhutia-Lepcha Apex Committee (SIBLAC), by the Sikkim Police.

Bhutia was “unnecessarily arrested” by the police in Geyzing on April 28 when he was interacting with panchayat members during a meeting of the Gram Sabha, SIBLAC said in a letter to the DGP.

“The small squabble that took place in the Gram Sabha with our member was, however, settled during the Gram Sabha session itself and the Sabha was concluded with an amicable note,” the letter to the DGP by SIBLAC Convenor Tseten Tashi Bhutia said.

But despite this Bhutia was harassed and arrested. “A police officer cannot act according to his whim and fancy. It seems a pre-planned intention of the concerned Police officer to favour the panchayat who was a complainant,” the letter pointed out.

“Sikkim is a peaceful state because the people are peace loving and Dharma lovers. But such an act of terror by a police officer on duty is not only disturbing the peace and tranquility of the State but also creating bad names for the department and government,” the letter said and urged the DGP to give “justice” to the aggrieved person.

Governor BP Singh and National Commission for Minorities have also been apprised of the mater by the SIBLAC, a press release of the organization said.

Five-day Sikkim Spring Carnival begins on May 11

The five-day Sikkim Spring Carnival, which began on May 11, is aimed at reviving the inflow of tourists in the tiny Himalayan State. The devastating September 18 earthquake in the State last year and the recent bandhs in neighbouring North Bengal have adversely affected the tourism industry in the State.

Hectic preparations for the success of the Carnival, which is being organized by the Tourism and Civil Aviation Department, are being made by all concerned parties. Unlike before, Sikkim has a steady inflow of tourists throughout the year. However, spring and autumn continue to be the main tourist season.

According to Secretary Tourism R. Telang, the carnival is being organized throughout the four districts of the State. In the capital, food courts are being put up at the Ridge Park and photo and painting exhibitions will be held at the White Memorial Hall.

The festival include traditional wedding processions, faith healer procession, exhibition and sale of handicrafts and handlooms at the Directorate of Handicrafts and Handloom complex.

While pujas and religious dances (chham) are being organized in South Sikkim, yak safari, river rafting, rock climbing, paragliding, archery are being organized in west and north districts of the State.