SIKKIM OBSERVER Saturday   July 27-Aug 2,  2013    

DN Nepal writes to Home Ministry, seeks asylum in ‘third country’

Gangtok, July 26: Sikkim Liberation Party (SLP) chief Duknath Nepal has added another dimension to the controversy generated by old settlers’ petition in the Supreme Court on the income tax issue. He has urged the Centre to allow him to seek asylum in a ‘third country.’

In his latest letter to the Union Home Minister Sushil Kumar Shinde, Nepal said he would rather live in a third country than to live in indignity in India.

Nepal, also editor of Shangrila Times, a Nepali daily published in Gangtok, said “I have been the victim of your democracy where I have been tortured, denied of my social, economic and political rights regarding which I have been writing you in several occasions.”

The letter pointed out: “Today when a bunch of economic offenders pointed out to us as foreigners and appealed to the Supreme Court of India to strike down all the provisions carved out for Sikkimese people in the Indian Constitution and your Supreme Court directed not to tender opposition against this left me with no option, but to ask you to relieve me from such humiliation of being true Sikkimese patriotic Indian.”

He added, “I would no longer like to live with the tag of foreigner in India. If government of India is also of the same opinion let me be relieved and given the opportunity to approach the third country.”

In another letter to Director, Vigilance Police Department, Government of Sikkim, Nepal has pointed out that it was “money laundering” in the State involving several businessmen in the State which was chiefly responsible for extension of Central Direct Tax Law in Sikkim.

“On 7th July 2013 we had lodged FIR against seven individuals trying to incite communal rift and divide in the peaceful State of Sikkim. Among the seven individuals, four of them have been found wanting and involved in the illegal business of money laundering, consequent to which attracted the concern of Government of India, ultimately leading to extention of Central Direct Tax Law in the State of Sikkim,” the letter said.

“Because of the illegal and anti national activities of money laundering by these fifty one individuals, Sikkim is about to loose its special privilege along with its peace and tranquility.  It is a well established fact that illegal money laundering activities was the root cause which has led to the present scenario,” the letter added.

Gangtok, July 26: Rebel ruling party legislator PS Golay has not only failed to lead his party, Sikkim Krantikari Morcha (SKM), from the front he is also said to be ‘missing’ for a long time.

Though SKM’s Working President Bharati Sharma seems to be doing a good job the restlessness among the people for Golay’s inability to come out in the open is growing. If Golay fails to formally join the party this month as promised by Sharma earlier people’s disenchantment with the SKM leadership will keep on growing.

Worse still is the fact that many among Golay’s inner circle don’t want prominent individuals to join the SKM for fear of losing their party ticket for the next Assembly polls. However, one SKM insider said about 10-15 prominent ruling party people will join the SKM shortly.

Mahendra Lama gets Gorkha League support for Darjeeling LS seat

Statehood demand to be main poll issue

Darjeeling, July 26: Former Vice-Chancellor of Sikkim University Mahendra P Lama has decided to contest the Lok Sabha seat from Darjeeling.

He is being supported by the All India Gorkha League (AIGL), which has already begun campaigning for Lama’s candidature.

Lama (52), presently the Pro Vice Chancellor of Indira Gandhi National Open University (IGNOU),

recently announced his decision to contest the Lok Sabha elections from Darjeeling as an independent candidate.

 A native of Darjeeling, Lama has appealed to political parties to support his candidature.

 “In a Central Committee meeting in Darjeeling we decided that we would support Lama. AIGL has always invited intellectuals and people of good standing to take up the cause of Gorkhaland. Both the agitation of the 80s led by Subash Ghising and the present agitation led by Bimal Gurung betrayed the Hills and the aspirations of the people. We have great faith in Lama that his effort for the creation of a separate state will be sincere,” said Pratap Khati, general secretary, AIGL, The Hindustan Times reported.

The AIGL is also a member party of the Gorkhaland Task Force (GTF), which is a conglomeration of political outfits and apolitical organisations with the one-point agenda of a separate state of Gorkhaland.

Graft case against ex-Chief Secy revived

Gangtok, July 26:  Six months after his acquittal in a disproportionate assets case former Chief Secretary Sonam Wangdi is being dragged to the court once again.

Though the appeal period expired two months back, the High Court of Sikkim on Wednesday revived the graft case against the former chief secretary when the single bench of Chief Justice Pius C Kuriakose condoned the CBI’s delay in filing its appeal petition.

Wangdi was acquitted by the special CBI designated court at Namchi, South Sikkim, in December. The CBI now wants to appeal against Wangdi’s acquittal. The High Court has given three months’ time to the CBI to submit its papers in the case.

It may be mentioned that Wangdi has been writing a series of articles critical of the ruling elite. These articles have appeared in various local papers in the past so many months.

Breakaway Nepal Maoist calls for alliance with ex-king

Kathmandu, July 26: A call to political parties by a breakaway faction of Nepal's Maoist party to forge an alliance with deposed king Gyanendra Shah "to protect the country's nationality" has alarmed many in the Himalayan nation.

Addressing a press conference here on Tuesday, Mohan Baidhya, leader of the the CPN-Maoist, said his party would work will all nationalist forces, including Gyanendra, who carries "true feelings of nationalism".

To remove the centuries-old monarchy, the Maoists - including Baidhya - fought a 10-year civil war in Nepal that left over 13,000 dead. It resulted in Nepal becoming a democracy in 2008.

Baidhya's Maoist faction is also opposing the November polls, demanding the resignation of the Khil Raj Regmi-led government and urging an all-party round table conference.

However, though CPN-Maoist may not have much influence in the coming elections, it could disturb electoral equations, analysts say. Many hardcore Maoist cadres are associated with the party, which split from the mother UCPN (Maoist) a year ago.

"This is a ploy to derail the upcoming polls process," Tarai Madeshi Loktantrik Party leader Hyrdesh Tripathi told IANS.

He added that if the polls are not held, monarchists will gain. "No one can imagine what will happen if polls do not take place in November. We must avoid such kinds of political gaffes," he said.

After Baidhay called for an alliance with the deposed king, former prime minister and leader of the UCPN (Maoist) Baburam Bhattarai also held a press conference at his residence in Kathmandu on Tuesday and expressed concern, saying that such a move would put the nation in peril.

The people are also divided over monarchy, with many believing that the king himself was responsible for his ouster. Some feel monarchy was better than democracy.

Gyanendra is trying to regain power by visiting temples and reaching out to the public. He visited western Nepal and distributed relief items to flood victims on Tuesday.

Nepal's Election Commission on Wednesday said former king Gyanendra Shah and his family cannot distribute relief material to the victims of the recent floods in the western part of the country as it may influence voting in the November 19 general election.

SDF condemns ‘communal posters’

Gangtok, July 26: The ruling Sikkim Democratic Front said communal posters appearing various parts of the State are aimed at flaring up communal disharmony in the State.

The party spokesperson Bhim Dahal, while condemning the act, alleged that the opposition was trying to capitalize on the income tax issue by creating social disharmony in the State.

Echoing what Chief Minister Pawan Chamling said on the issue earlier, Dahal said the issue was now before the Supreme Court.

He said the issue was now “sub-judice” and was for the court to decide on the matter. The Chief Minister had earlier said the State Government would tackle the issue legally in the court.

Chinese Air Force holds night flying exercises in Tibet

“Border disputes were not created in one day, neither will they be resolved overnight”

Beijing, July 26: China's Air Force has conducted high-altitude night flying exercises at Lhasa, the capital of the Tibet region that borders India.

Photographs of helicopters participating in the exercises at Lhasa airport, located about 500 km from the Indian border, were issued on Wednesday by state-run Xinhua news agency.

The Chinese military regularly holds exercises for its troops in the Himalayan region to get them acclimatised to mountain warfare, PTI reported.

Last year, the People's Liberation Army held its "first ground to air military exercise" in the Tibetan plateau. The wargame involved scores of fighter jets, hundreds of battle tanks and a large number of ground troops.

Amid reports of frequent incursions by Chinese troops along the Line of Actual Control (LAC), Chinese state media said it was "unwise" to let the "isolated incidents" to affect the "promising" China-India ties.

While the Chinese foreign and defence ministries were yet to respond to queries relating to the fresh reports of incursions in Ladakh sector, a commentary in the state-run Xinhua news agency accused the Indian media of putting out "sensational reports", "harming" the bilateral relations.

"The disputes, a historical hangover, were not created in one day, neither will they be resolved overnight. It is unwise to let isolated incidents along the border to negatively affect the promising China-India relationship," it said.

Observers say "isolated incidents" remark referring to the recurring incidents of incursions is the first comment from Beijing on the issue since the first intrusion reported on April 15 at the Daulat Beig Oldi (DBO) in Ladakh sector.

So far the Chinese foreign ministry's comments on the incident confined to assertions that the Chinese troops are patrolling their side of the border or played down the incidents saying that the over all situation at the border is peaceful and both the countries signed several agreements to maintain peace and trust building between the two militaries.

Indian media traditionally focused heavily on the border disputes between New Delhi and Beijing, are now asserting again that Chinese troops have crossed the "border" between the two countries, it said.

Editorial

MESSAGE FOR MR. GOLAY

Take Your Stand Now

It is right and proper that a man from Pawan Chamling’s camp come out in the open, tell the truth and lead a genuine revolt in the former kingdom of Sikkim. The Sikkimese people have been taken for a ride for far too long. Backed by New Delhi our politicians have continuously betrayed the people, divided them and paved the way for their destruction and eventual death. And yet there are those like Prem Singh Tamang (Golay) who refuses to toe the line and side with the enemies of the people. Golay may not be the ideal person to lead the movement for change in Sikkim; he  may also not have the much-needed vision for creation of the Naya Sikkim of our dream; but his act of defiance and readiness to come out in the open against those who have betrayed the people has been welcomed by the people. What is noteworthy is that many young people from all strata of society have come out openly in Golay’s support.

The next Assembly lections are not very far away and people have the right to know what Golay and his team have to offer. We have seen our past leaders; they make promises they are not able to keep. And yet they continue making tall promises knowing full well that people don’t believe and trust them. People have seen through the veil of deceit, falsehood and lies. There is the need for a fresh new order in Sikkim. If Golay is able to offer a new beginning he must come out now; if not he must allow someone else to show the way. The next elections are crucial for Sikkim. It will decide whether Sikkim lives on or dies in the hands of its treacherous leaders. We must note that there’s no win without a fight. Therefore, we must fight to win.

SC stays criminal proceedings in Gorkha leader Madan Tamang's murder case

New Delhi, July 26:  Supreme Court last Monday stayed trial court proceedings in Gorkha leader Madan Tamang murder case in West Bengal in the wake of allegation that CBI repeatedly failed to appear in court to oppose bail plea of the accused.

 “The proceedings before the trial court (Darjeeling) will be stayed,” a bench comprising Chief Justice Altamas Kabir and justices F M I Kalifulla and Vikramajit Sen said.

The bench also sought response of the Centre and West Bengal Government on a plea of Bharati Tamang, wife of slain leader Madan Tamang, seeking handing over of the probe from CBI to Special Investigating Team (SIT) or the National Investigation Agency (NIA), PTI reported.

It also sought response within three weeks from CBI on the allegation that due to non-appearance of the agency in the trial court, the accused were granted bail on different occasions.

Senior advocate Mukul Rohatgi, appearing for Bharati, also sought shifting of the trial to a court in neighbouring Assam.  While seeking stay of the proceedings in the trial court, he said it was necessary as the case is in the stage of framing of charges.

“Trial court is in haste in framing the charges,” he submitted and claimed that due to non-appearance of the CBI, trial court in its order has been recording wrong information while granting bail to the accused who have allegedly misrepresented the facts.

Tamang, who was the President of All India Gorkha League, was killed on May 21, 2010 in Darjeeling allegedly by “a group of about four hundred supporters of Gorkha Jan Mukti Morcha (GJMM) carrying deadly arms” when he was overseeing preparations for a public meeting.

Tamang’s wife had earlier also brought the issue of probe before the apex court which on December 3, 2012, had sought response from the Centre and West Bengal government.

She had alleged that investigation by state police and CBI was “tainted, biased and malafide”.

Bharati, in her plea, had also sought quashing of the charge sheets filed by the CID and the CBI on August 30, 2010 and August 20, 2011 respectively, saying “investigation has suppressed vital information and evidence whilst submitting both the charge sheet and the supplementary chargesheet in order to exclude the same from the materials to be used in prosecution of the co-conspirators.”

She had also sought a direction from the apex court to appoint “an independent Special Investigation Team (SIT) comprising of senior officers headed by a competent person or authority of impeccable credentials” to conduct a fresh probe into the conspiracy and murder of Tamang on May 21, 2010 at Darjeeling.

Bharati also said that “despite handing over of investigation to the CBI, the same yielded the arraignment of only one more accused whilst keeping quiet about the role of the main persons against whom allegations had been levelled and against whom substantial evidence is already forthcoming.”

She has accused the Centre and the State of trying to protect top leaders of GJMM whom she has arraigned as parties.

GJMM members, who have been made parties in the case, hold posts in the Gorkhaland Territorial Administration (GTA), a semi-autonomous administrative body for the Darjeeling hills in West Bengal, the petition said.

BGP Sikkim condemns posters inciting communal disharmony in Sikkim

Gangtok, July 26: Bharatiya Gorkha Parisangh (BGP) Sikkim on Wednesday condemned anti-Sikkimese elements in the State trying to disturb its communal harmony.

It said provocative posters in West Sikkim were aimed against the three ethnic communities of the State – Lepchas, Bhutias and Nepalese.

The party has urged the police to probe into the incident, a press release said.

Ban dance bars in govt guest houses: Upreti

Gangtok, July 26: Former minister KN Upreti has urged the authorities to immediately put an end to dance bars in government guest houses in the State.

He said such “illegal activities” has a bad influence among the people, particularly the youths.

Upreti has also urged the government to withdraw “all bar licenses issued in the villages,” stating that “such licenses should be confined within the town area only.”

 “Haphazard issue of bar licenses in village areas and even in some cases near schools and public places is causing threat to a peaceful atmosphere of the village,” Upreti said in a press release.

“I no longer like to live with the tag of foreigner in India”

In reaction to the Association of Old Settlers of Sikkim (AOSS)’s allegation in its writ petition in the Supreme Court that ‘Sikkimese Nepalese’ are ‘foreigners’, writer, political activist and Convenor of Sikkim Liberation Party (SLP), Duknath Nepal, has written to the Union Home Ministry seeking its permission to seek asylum in a third country. “If Government of India is also of the same opinion let me be relieved and given the opportunity to approach the third country,” says the SLP leader in his letter.

Sikkim Observer makes public Nepal’s letter to the Union Home Minister:

To Honorable 

Home Minister of India

Government of India

New Delhi 

Regarding: Status of Sikkimese Nepalese Citizens 

Respected Sir, 

This is to inform you that a group of seven (7) individuals in the name and banner of ‘Old Settlers of Sikkim’ has filed a writ in the Honorable Supreme Court of India. The said writ is registered as 59 of 2012 (Civil). In the said petition the, petitioner has claimed that the four hundreds families including them are the true and real Indian and the rest of the eighty percent of Sikkimese citizens of Nepalese origin are of foreign origin. The concern and the gravity of matter is that the writ has already been accepted by the Honorable Supreme Court and ready for hearing. Consequent upon this, the Honorable Court has also advised the aggrieved parties not to oppose it publicly. (It may be noted that majority of those petitioners are directly or indirectly involved in criminal act of money laundering, and their names published in White Paper on Direct Tax Law by the Government of Sikkim).

Because of the cowardly act of these seven individuals, the ever peaceful State of Sikkim is in the verge of communal rift and tension. It has already reached the stage of volcanic proportion which can erupt anytime which can have wider and greater ramification in the strategic State of Sikkim. Therefore the following points need to be critically analyzed and reviewed.

1. This is simply not a law and order problem and problem of ethnicity. If the people who voted an Independent sovereign Kingdom of Sikkim were of foreign origin then the merger of Sikkim with India is illegal in itself. (Please note that among the fifteen signatories of the Tripartite Agreement of 8th May, 1973, eleven (11) of them belonged to the community whose nationality are being questioned).

2. Those individuals involved in small time business have not dared to act with such audacity and brazenness at their own, but we are of deep belief that there is some sinister force backing them.

3. It is necessary to mention here that when Sikkim was merged it was defined under article 371(F) of Indian Constitution. Under this provision all Indian of Sikkimese origin as defined were exempted from Direct Central Taxes.

4. These individuals who are claiming to be real and patriotic Indian were among the bunch who tried to loot India by exploiting this provision of Income Tax exemption meant for State of Sikkim through anti national activities of money laundering. 

5. Today they have been advised by the anti national people who unfortunately have been the elected representatives of Sikkim in connivance and tacit support of Government of India. These individuals are supported and advised by those leaders on power for whom nation is a market and the government is a medium to exploit it.

6. It is unfortunate from the part of India that it has always supported wrong people to reach in power. 

7. At present the people who are in power in Sikkim are simply bunch of crooks and stooges for whom the state is a business enterprise to loot and nation a big market. 

8. These people view China as big market than India who compelled the Indian Government to open strategic location of Nathula Valley for monetary gain only.

9. The same leadership had advised these individuals to approach Honorable Supreme Court of India to create a situation of hate and mistrust.

In view of the above development and the onslaught of such humiliation has left us in great dismay leaving us no further ground to tolerate such disgrace time and again. Though we are a forced Indian thrust upon, we and our fellow brethren tried to imbibe and adhere it to the best of our sincerity and earnest till date before being woken up by brazen and audacious attack on our bonafide by those involved in serious economic offences. 

Our forefather merged our mother country in India to be a part of greatest democracy of the world as is often claimed only to be tagged and termed foreigners times and again. In a span of nearly four decades of merger [annexation] of Sikkim, the respective government in the helm of power in this part of India has always tried to suppress the voice of concern under the boot. 

To further elucidate, I have been the victim of your democracy where I have been tortured, denied of my social, economic and political rights regarding which I have been writing you in several occasions. Today when a bunch of economic offenders pointed out to us as foreigners and appealed to the Supreme Court of India to strike down all the provisions carved out for Sikkimese people in the Indian Constitution and your Supreme Court directed not to tender opposition against this left me with no option, but to ask you to relieve me from such humiliation of being true Sikkimese patriotic Indian. I would no longer like to live with the tag of foreigner in India. If government of India is also of the same opinion let me be relieved and given the opportunity to approach the third country. Above all, if the definition of Indian patriotism is corruption, anti national activities, illegal money laundering, involvement in anti-national activity and to spit the venom against the people who voted their country to you and who send their sons and daughters in the border to fight for the Country. And if these criminals are true and patriotic Indians I simply do not want to live with them in the same society and country. So let me be given the permission to approach the third country for my honorable living. 

Thanking you 

Sincerely yours 

Duk N. Nepal

Convenor, Sikkim Liberation Party 

Sikkim