Saturday, January 26, 2013


HIMALAYAN GUARDIAN     Wednesday Jan 23-29, 2013  
Strengthen party unit, form Cong govt in Sikkim: Bhandari
Gangtok, Jan 22: Sikkim Congress unit President N B Bhandari blamed the party high command for not taking an active role in strengthening its party in the State.
He also charged the Congress-led government at the Centre for diluting Sikkim’s special status under Article 371F of the Constitution. Addressing the Chintan Shivir in Jaipur, the three-time former chief minister said regional parties such as the ruling Sikkim Democratic Front’s continuation in power is threatening the “security” of the country in the “border State.”
While urging the party high command of the need to root out regional parties in the State, the SPCC chief emphasized the need to form a Congress government in the State.
Dialgoue with Beijing stalled under Hu Jintao: Gyari
Negotiations not possible without the Dalai Lama
Lodi Gyari
Dharamsala, Jan 22: Lodi Gyaltsen Gyari, the former Special Envoy of His Holiness the Dalai Lama, said the stalled dialogue process with China failed to make much progress under the decade-long leadership of President Hu Jintao.
 Speaking at an international conference on the implications of the leadership transition in China here recently, Gyari pointed out that prospects for negotiations in fact declined after Hu, who as the communist party head of Tibet in 1989 had declared martial law in Tibet which lasted a full 419 days, took over, phayul.com reported.
   Gyari, who has more than three decades of experience in dealing with China, stressed that negotiations with Beijing will not be possible without the Dalai Lama.
The former special envoy, who led nine rounds of official talks with China from 2002-10, before resigning last year, noted that consistency in retaining the main objective of the talks throughout the process was necessary while dealing with China.
Gyari and Envoy Kesang Gyaltsen resigned in May 2012, citing the deteriorating situation inside Tibet and their “utter frustration” over the lack of positive response from China.
Expressing doubts over the notion that a democratic China will help resolve the Tibet issue, Gyari pointed out that while Tibet must not wait hoping for change in China, the absence of a paramount leader in Beijing might prove unfavourable for a substantive decision on Tibet.
When asked about the future prospects of the dialogue process under China’s new leader Xi Jinping, the former special envoy said he remains hopeful considering reports that Xi’s style of working is similar to that of former president Jiang Zemin, who according to him took interest in Tibet.
Lodi Gyari added that the only way forward for Tibet, in the absence of other viable options, is to persist with the dialogue process with China.
Editorial
INDIA’S BETRAYAL
Corporates Set To Take Over Sikkim
The stage is all set for big business houses to take over the tiny Himalayan State of Sikkim. If Sikkim’s Companies Bill 2012 gets the Rajya Sabha’s nod it will pave way for corporate bodies to enter the former kingdom in a big way. With business and commerce influx will increase. Remember what happened when the East India Company took over Darjeeling in the 19th century? In due course the locals will be replaced by no-locals, who will surely obtain political and economic rights as they gradually settle down in the green pastures of this Himalayan frontier. Local Sikkimese have already seen the extent of inroads made by power and pharmaceutical companies in Sikkim. They may not want further encroachment into their rights and interests but their so-called elected representatives have their own hidden agenda.
The Opposition made a lot of noise recently when the Bill – intended to scrap two old laws (Registration of Companies (Sikkim) Act 1961 and Companies Act 1965) – was passed in the Lok Sabha recently. However, not much is expected from it as it made a big issue of several vital issues that concern Sikkim in the past and eventually nothing came out of it. What is to be noted is the allegation by former chief minister and Congress unit President of Sikkim, Nar Bahadur Bhandari, that scrapping of old laws is a “conspiracy” of the Centre and State Government. Bhandari, once an anti-merger veteran, also pointed out that this conspiracy was also an act of “betrayal.” At the time of “merger” New Delhi assured the Sikkimese that its “distinct personality” would be safeguarded through Article 371F. The Bill is, therefore, an anti-constitution and betrayal of assurances given to Sikkim during the takeover in 1975.
Provisions of Assam Accord challenged by indigenous Assamese
Deportation of all illegal migrants sought
    Signing of the Assam Accord in 1985
New Delhi, Jan 22: The validity of crucial provisions of the Assam Accord, including the cut-off date for detection, deletion and deportation of illegal migrants, besides Constitutional validity of Section 6A of the Citizenship Act 1955, has been challenged in the Supreme Court.
A Division Bench of Supreme Court comprising Justice CK Prasad and Justice Khalifullah recently issued notices to Government of India, Ministries of Home Affairs, External Affairs, Registrar General of India, Election Commission of India, Government of Assam and All Assam Students’ Union (AASU) acting on a writ petition filed by Assam Sanmilita Mahasangha, National Democratic Front of Bodoland (Progressive) and Indigenous Tribal Peoples’ Federation.
Counsel for the petitioners Vijay Hansaria reportedly said some of the provisions of Assam Accord have been challenged and the public interest litigation (PIL) has sought a direction to the Government of India to deport all illegal migrants.
The petitioners have alleged that Section 6A violates Article 6, 14, 29(1), 253 and 355 of the Constitution. They have stated that this provision promotes and protects illegal immigrants and has been specifically enacted for protecting illegal immigrants from Bangladesh.
The petitioners have demanded that 1951 be taken as the base year for detecting foreign nationals and that directions be issued to the Central and State governments to evolve an effective procedure for deportation of illegal immigrants.
The petitioners have also demanded that all the documents pertaining to the consultation process that preceded the signing of the Assam Accord be placed before the apex Court.
It was argued the Clause 5 of the Assam Accord have been arbitrarily foisted upon the people of Assam. The provisions of Clause 5 and its sub-clauses are inherently illegal, discriminatory and forced on the people of Assam their right to equality.





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