HIMALAYAN GUARDIAN      May 23, 2012

Jaya launches  ‘Sangma for President’ campaign

Chennai, May 22: AIADMK leader and Tamil Nadu Chief Minister J. Jayalalithaa has been speaking to leaders of various national and regional parties seeking their support for P.A. Sangma’s candidature for the post of president, her party said on Sunday.

In a statement issued here, the AIADMK said Jayalalithaa spoke to Bharatiya Janata Party (BJP) leader L.K. Advani, Communist Party of India-Marxist (CPI-M) General Secretary Prakash Karat and CPI leader A.B. Bardhan as part of garnering support for Sangma, a former Lok Sabha speaker.

She also discussed the matter with Telugu Desam Party leader N.Chandrababu Naidu, Samajwadi Party president Mulayam Singh Yadav, Shironmani Akali Dal leader and her Punjab counterpart Parkash Singh Badal.

Seeking their support, she said Nationalist Congress Party leader Sangma, hailing from northeastern region and belonging to a tribal community, is fully qualified to become the president.

On Thursday, Jayalalithaa announced that her party supported the candidature of Sangma for the office of president of India.

She said the decision was arrived at “after due internal consultation” with Odisha Chief Minister and Biju Janata Dal chief Naveen Patnaik. She said none belonging to the tribal community had ever become the president.

Nepal ignores SC deadline, extends CA term

Kathmandu, May 22: Nepali politicians on Tuesday proposed to ignore a Supreme Court deadline giving them until Sunday to draw up a new constitution for the Himalayan republic, saying they needed more time to agree on the boundaries and names of new states.

The new constitution is widely seen as crucial to helping end instability that has plagued Nepal since the end of a Maoist-led civil war in 2006 and the subsequent overthrow of the monarchy, Reuters reported.

The coalition government formally proposed that the Constituent Assembly, which doubles as parliament, be given three more months to try to bridge deep differences that have forced lawmakers to miss several earlier deadlines.

"We are formally registering a proposal in the parliament today (Tuesday) seeking a three month extension of the term of the Constituent Assembly," Deputy Prime Minister Narayankaji Shrestha told reporters after a cabinet meeting.

The parliament is almost certain to pass the proposal in a vote expected before the weekend deadline expires.

The decision to extend the life of the assembly was made on the last day of a three-day, nationwide strike that closed thousands of schools, shuttered businesses and forced vehicles to stay off the roads. There were renewed clashes between protesters and police in the capital and other towns.

Protesters enforcing the strike were demanding that the impoverished country be divided into states along ethnic lines and that the states' names also be ethnically rooted.(see page 2)

1,000 Tibetan monks, nuns sign motherland petition

Lhasa, May 22: About 1,000 monks and nuns in southwest China's Tibet Autonomous Region have initiated a signature campaign to express love for the country and religion.

They signed their names on Monday at monasteries of counties in Shannan Prefecture, resolving to comply with law and dharma, choose right from wrong, advocate harmony and pursue peace, Xinhua reported.

The number of participants exceeded 80 percent of the total registered monks and nuns in the prefecture, said Dawa Tsering, head of the prefecture's Buddhism association, organizer of the event.

"A Buddhist should never forget himself or herself as a votary for the Buddha, and should take it as responsibility for well-beings of the religion, the human beings and the country," said Dawa Tsering who led the signature-signing at Samye Monastery, in Chanang County.

Built more than 1,000 years ago, Samye Monastery was the first Buddhist monastery in Tibet and the birthplace of the Nyingmapa sect of Tibetan Buddhism.

Ethnic groups-madhesi bandh paralyse Nepal

Ethnic groups feel they will be reduced to a minority in the proposed 11 states

Kathmandu, May 22: Life was paralysed across Nepal on Sunday as the Nepal Federation of Indigenous Nationalities (NEFIN), an umbrella organisation of ethnic communities, kick-started a three-day nation-wide shutdown demanding identity-based federalism, and opposing the agreement signed by the top three national parties on constitutional issues last week.

Among the most severe bandhs in recent years, the day saw incidents of violence as well as attack on the press in Kathmandu, The Hindu reported.

Transport was crippled and markets were closed in the capital. Over 60 people were arrested by the local police on charges of disrupting law and order and instigating violence.

Since the morning, protestors began vandalizing media vehicles as well as manhandling journalists in what appeared to be a concerted attack on the press. NEFIN chairperson, Raj Kumar Lekhi, blamed it on ‘vigilantes’ who had infiltrated the movement, and termed it as a ‘conspiracy to defame the peaceful movement’.

General Secretary of the organization, Ang Kaji Sherpa, however blamed the media for its selective representation of issues concerning ethnic groups, accused it of hill upper caste dominance, and threatened journalists. The Federation of Nepalese Journalists (FNJ) organized a protest meeting on Sunday evening, and strongly condemned the attacks, the report said.

NEFIN’s shutdown was supported by the Broader Madhesi Front, a cross-party Madhesi grouping led by former foreign minister Upendra Yadav. The front shutdown its stronghold of eastern Tarai for the third consecutive day, and protests by the Tharu Struggle Committee crippled life in western Tarai.

The bandhs are a part of the opposition to May 15 agreement between Unified Communist Party of Nepal (Maoist), Nepali Congress (NC), and Communist Party of Nepal (Unified Marxist Leninist) by Nepal’s marginalised and excluded communities. According to the pact, there would be eleven provinces in a future federal set up – the names and exact boundaries of the provinces are to be decided later.

Both Madhesi and ethnic groups have demanded that federal restructuring be based on the report of either the subject committee of the Constituent Assembly, which recommends 14 provinces, or the report of the State Restructuring Commission which suggests 10 states. Ethnic groups feel they will be reduced to a minority in all provinces if the 11 state model goes through; Madhesi parties are against slicing the Tarai plains into five provinces as the bigger parties propose to do. Over 320 ethnic and Madhesi lawmakers, across party lines, have opposed the understanding. Serving Madhesi ministers have threatened to resign from the government unless the deal is revised.

On Saturday, Maoist chairman Pushpa Kamal Dahal ‘Prachanda’ said that the agreement has lost its legitimacy and must be reviewed. The NC and UML have, however, warned against revising the number of states.

With the term of the Constituent Assembly expiring on May 27, Nepal has exactly a week to resolve the contentious issue of state restructuring and finalise its constitution.

Burma to restore infamous Death Railway

Yangon, May 22: Tens of thousands of POWs were forced to work in harrowing conditions to build the 424-kilometre railway through dense jungles and mountains.

By the time it was completed in 1943, more than 11,000 POWS, including 2,815 Australians, and about 75,000 Asian labourers were dead Radio Australia reported.

A feasibility study on the 105-kilometre stretch running from Burma's Three Pagodas Pass area to Thailand is scheduled to begin in October, railway minister Aung Min said.

"We will reopen this (rail) road. The other countries said they would also help us and we will continue working for it," Aung Min said after peace talks with ethnic Shan rebels, the report said.

"We will do a survey and try to start working after the rainy season with the help of the international community."

Long isolated under decades of army-rule, Burma has embarked a rapid series of political and economic reforms under its president Thein Sein, including moves to better relations with its neighbours.

The railway would provide a much-needed economic shot in the arm for the impoverished area, which is home to Burma's rebellious Karen ethnic group, by boosting trade with Thailand and attracting tourists.

Karen rebels signed a ceasefire with the government in January, a major breakthrough towards ending the long-running insurgency.

Japan built the railway during World War II to shuttle supplies from Thailand into Burma along a route that engineers had long considered impossible.

The rail link was destroyed by Allied bombers in 1945.

Dalai Lama’s security may be tightened

Dharamsala, May 22: With spiritual leader the Dalai Lama claiming that Chinese agents were plotting to kill him, the Tibetan cabinet will meet on Sunday to review the security setup of His Holiness.

The Department of Security of the Central Tibetan Administration, which is responsible for maintaining tight vigil of the Dalai Lama, has taken serious note of the spiritual leader’s fears and will take stock of his security arrangements.

Ngodup Dorjee, secretary of the Department, says that Indian government has been consulted for the same and that there have been talks of upgrading the security apparatus around the Dalai Lama with the latest technology and security equipment.

Indian security officials have advised the Nobel laureate to live in a high security cordon in his temple palace grounds in Dharamshala, a hill station in Himachal Pradesh.

The Dalai Lama, who is currently touring Europe, had earlier said that China was training few female agents as fake devotees who were out to poison him.

The Tibetan spiritual leader was quoted as saying that "some Chinese agents training some Tibetans, especially women, you see, using poison - the hair poisoned, and the scarf poisoned - they were supposed to seek blessing from me, and my hand touch".

But Chinese authorities rubbished the claims, saying that China could have done that earlier if it wanted to and that it was an “insidious trick” by the Dalai Lama.

Court drops charges against Tibetan spiritual leader

Dharamsala, May 22: A Himachal Pradesh district court on Monday dropped charges in a currency seizure case against the 17^th Karmapa Ogyen Thinley Dorje.

The 26-year old Tibetan spiritual leader was implicated by the police in December 2011, following a seizure of $1.4 million from his monastery in Dharamsala earlier in the year.

However, the charges filed by police in a district court against 10 people, including the Karmapa, related to a smaller amount of money.

“I am happy that the charges have been laid to rest by the Himachal Pradesh Government and through the judicial procedure of democratic India,” the Karmapa said in a statement.

The Karmapa has fought off suggestions by India’s media that he is a Chinese spy since police found the cash, including some Chinese yuan.

His office had maintained that the money came from the thousands of followers who have visited the Karmapa every year since he arrived in India.

The Karmapa is close to the Dalai Lama, Tibet’s exiled spiritual leader, and both men strongly deny accusations that he works for the Chinese.

Despite his escape across the Himalayas in 2000, the Karmapa remains recognised by Beijing as the 17th incarnation of his spiritual lineage.

When Benazir enjoyed `Pakeezah` in Shimla 

New Delhi, May 22:  When her father Zulfiqar Ali Bhutto discussed peace with Indira Gandhi in Shimla, his daughter Benazir was busy viewing the Meena Kumari-starrer `Pakeezah`.

So says M.K. Kaw, a highly respected Indian bureaucrat who was then posted in the Himachal Pradesh capital and who had been assigned to look after the young Benazir Bhutto.

Assisting him was Veena Datta, lady officer of the Indian Foreign Service. "She helped me keep Benazir in a good mood," Kaw says in his just released book "An Outsider Everywhere" (Konark Publishers).

The year was 1972 when the senior Bhutto travelled to Shimla to sign a peace pact with Indira Gandhi after the breakup of Pakistan and the birth of Bangladesh following the 1971 India-Pakistan war, IANS reported.

Kaw says Benazir wanted to see "Pakeezah", a hugely successful Kamal Amrohi production in which Meena Kumari played the role of a `tawaif`. The celebrated actress died soon after the movie was made.

Kaw says he spoke to Shimla`s deputy commissioner and a special show was organized at the Ritz cinema.

"There were only three of us in the cinema hall: Benazir, Veena and myself. Benazir enjoyed the film immensely.

"I retained the picture of the young and innocent Benazir all through the years of her tumultuous career till she was assassinated."

An IAS officer, Kaw served the government for 42 years in various capacities before retiring in 2001.

The book is replete with his numerous interesting experiences as well as encounters with leading politicians and officials at various levels all over the country.

Editorial

TRIBAL CARD

‘Sangma for President’

He may have been endorsed by two Chief Ministers as Presidential nominee, but Congress President Sonia Gandhi refused to meet PA Sangma on Tuesday.  Sangma has met leaders of various political parties to canvass for his candidature during the last few days. Sonia is the first important leader to deny him appointment. Sonia’s refusal to meet Sangma shows that Congress’ first family has not forgotten the foreign origin issue raked up by the former Lok Sabha Speaker when Sharad Pawar formed the NCP. With Sonia sending a clear signal that Sangma remained ‘untouchable’ for the Congress,  parties like SP and BSP are unlikely to  entertain the NCP leader, who has far been able to get commitment of support only from the Biju Janata Dal and AIADMK.

Shillong’s GG Swell, then Rajya Sabha MP, lost the fight for Raisina Hills in 1992 to Shankar Dayal Sharma, who secured 675,485 votes while Swell got 346,485. Sangma, however, has a national image and his stint at Lok Sabha was colourful and is worth remembering. Had he remained in the Congress party he would have been one of the oldest and most experienced politicians in the party. The Tura MP is now playing the tribal card for the top post and his candidature is sure to cause a lot of discomfort among various regional and national parties. Even if he loses Sangma is sure to have succeeded in creating a new political force in the country.

SIKKIM UNIVERSITY CONTROVERSY

Centre urged not to extend Lama’s tenure

Gangtok, May 22: Union HRD Minister Kapil Sibal has been asked to look into the demand for 50 per cent seat reservation for local students in the Sikkim University.

This was one of the 8-point demands of the Students Union of Sikkim placed before Sibal by the State’s lone Rajya Sabha MP Hishey Lachungpa.

Lachungpa also apprised Sibal on the growing dissent against the present Sikkim University Vice Chancellor Mahendra P. Lama, who has allegedly  deviated from his role as an educationist and has instead begun to resort to politics for selfish interests undermining the basic role for which he had been appointed, Lachungpa’s press release said.

The MP has urged the Centre not to grant further extension of his term in the university.

Issues regarding service tax, railway and setting up a regional centre in the State for passports were also taken up with various Central leaders by the MP.

The ruling Sikkim Democratic Front, while regretting its earlier decision to support Lama’s candidature when he was initially appointed the Vice Chancellor of the university, has also hit out against the outgoing VC, whose term reportedly ends next month.

Former Lok Sabha MP and party spokesperson Bhim Dahal said the SDF “regrets” backing Lama and wants his early replacement. Dahal said Lama was not working in the interest of “Sikkim and the students.”

Gorkha League remembers Tamang,  plans hunger strike

Darjeeling, May 22: The All India Gorkha League on Monday threatened a relay hunger strike from June 21 if the CD of purported conversations among GJM leaders on the day of Madan Tamang’s murder is not given to the CBI by the state government in one month.

AIGL on Monday observed the second death anniversary of its leader Madan Tamang in Darjeeling with a memorial meeting where major leaders opposed to the Gorkha Janmukti Morcha, including Subash Ghising and Chhatrey Subba, were invited. Ghising and Subba did not attend the meeting, but senior CPM leader and former minister Ashok Bhattacharya was present, a national daily reported.

“We organised the event to mark the second death anniversary of our leader. We have learnt that a digital file containing telephonic conversations of hill leaders named in the FIR is in the custody of the chief minister and she is refusing to hand it over to the CBI. If the CBI gets hold of the file, senior Morcha leaders could be arrested. We have requested the chief minister to hand over the recording, but we are yet to get any response. We want justice. So we have decided to give a month’s time to the government to hand over the digital file to the CBI. If it is not done, we will start a relay hunger strike from June 21,” said Pratap Khati, general secretary of AIGL.

“We will observe the strike for 10 days initially, but if the state government does not respond, Bharti Tamang, Madan Tamang’s wife, will fast unto death,” he added.

AIGL leaders in their speech hinted that the state government is not handing over the CD to the CBI for vested interests. “With the help of the CD, the state government is able to make the GJM leaders do everything it wants,” Khati added.

Bharti Tamang said, “Had there been this sort of security arrangement on May 21, 2010, my husband would not have been murdered in broad daylight.” Madan Tamang was killed by a khukri-wielding mob that day.

Sikkim forum lambasts opposition silence on power scam

Gangtok, May 22: The Platform for Joint Action against hydel projects in the State has criticized the Opposition for its silence on the alleged multi-crore scam in the State’s hydel projects.

The forum recently held a discussion on the recent Current News report alleging Rs. 20,000 scam in the power sector.

“The meeting noted with concern the scam of such magnitude in a small state like Sikkim that has escaped the attention of our civil society and political leaders. In fact, such revelation was made by the national print media which is under wide circulation in the nation across thus putting bad image and impression of Sikkim,” the forum press release said.

It criticized the “inaction of opposition political parties” on the matter, which is highly “condemnable.”

The forum consists of Sikkim Bhutia Lepcha Apex Committee (SIBLAC), All Sikkim Educated Self Employed and Unemployed Association (ASESE&UA), National Sikkimese Bhutia Organisation (NASBO 371F), Save Sikkim, All Sikkim Monasteries’ Association (ASMAN), Concerned Lepchas of Sikkim (CLOS), Affected Citizen of Teesta (ACT), Denjong Chyarig Tsogpo and  People’s Forum on Earthquake (PFOE).

Power Secy admits ‘mistakes’ on hydel projects

Gangtok, May 22: Issues relating to the alleged Rs 20,000 scam in the 1200 MW Teesta State III hydropower project and other hydel projects in north Sikkim were taken during a meeting between the Power Secretary and members of the All Sikkim Educated Self Employed & Unemployed Association and SAVE Sikkim here last week.

The involvement of Teesta Urja Ltd in the 1200 MW hydel project in Chungthang was raised during the meeting. Controversial Andhra Pradesh MP Jaganmohan Reddy, who is currently facing CBI trial on corruption charges, is said to have invested heavily into power projects in north Sikkim.

The demand for scrapping power projects in west Sikkim was also taken up with the Secretary. While welcoming the scrapping of Ting Ting and Lethang power projects, the members demanded the scrapping of Tashiding power project.

The Power Secretary said the department had made “errors” and “mistakes” regarding power projects in the State, a release of the Association said.

Team Anna supports anti-dam protests in Assam

New Delhi, May 22: Team Anna on Monday came out in support of anti-dam protests in Assam led by one of its members Akhil Gogoi and asked the government to accept the demands of the protestors.

In a statement, Team Anna said the construction of dams in Arunachal Pradesh be stopped "as people of Assam cutting across their economic background have been opposing it".

They said the construction activities should stop till an agreement is reached with the people living in the downstream, PTI reported.

They also demanded the alleged police action against protestors be stopped and all those detained released unconditionally.

Gogoi, a Team Anna Core Committee member and general secretary of Krishak Mukti Sangram Samiti (KMSS), is on an indefinite fast along with 30 others since last Saturday as part of anti-dam protests.

Gogoi alleged "police atrocities" have increased and that is why he is sitting on an indefinite fast to press for their demands like release all the detained activists unconditionally and stopping of police attrocities, a statement said.

"India Against Corruption believes that the demands made by Mr. Gogoi must be implemented with immediate effect. IAC urges the government to take immediate steps in this regards.

We stand with the activists led by Gogoi in the struggle for betterment of the people in the North East," it said.

Rebel leaders disagree, Naga talks fail

New Delhi, May 22: The widening rift between Naga rebels has led to NSCN (Isak-Muivah) opting out of the reconciliation meeting to be held at Chiangmai in northern Thailand this week.

The decision that NSCN (I-M) general secretary Thuingaleng Muivah will not participate in the meet was taken on May 14 and confirmed by NSCN sources on Friday. However, sources in the Union Government said they never expected Muivah to participate in the meet, reports said.

The reconciliation exercise, initiated by the church in Nagaland and continued by civil society groups, is over 10 years old. Naga Hoho, the apex body of Nagas, was the prime mover for several years before the Forum for Naga Reconciliation (FNR) was formed. Though FNR’s efforts have borne some fruit, a complex web of inter and intra-rebel group politics along with the shifting policies of the Centre has made reconciliation a tough exercise. The forum has held several meetings for reconciliation at Chiangmai.

Differences between the NSCN(I-M) and NSCN (Khaplang) surfaced last year when the Khaplang faction led by Kitovi Zhimomi threatened to hold talks with New Delhi.

As the rebels fail to reconcile, the government now seems to be in the mood to talk to more than one group.

Sikkim Observer May 17, 2012

 ‘STATE DAY’

Former CMs, ex-Chief Secy, Bhaichung Bhutia get State awards

Gangtok, May 16: Two former chief ministers, BB Gooroong and SM Limboo, former chief secretary TT Dorjee and former Indian football captain Bhaichung Bhutia were among those who received  State awards on the State Day here today for their contribution to the State.

Governor BP Singh and Chief Minister Pawan Chamling  jointly presented the awards to 29 prominent individuals here at a colourful function at Chintan Bhawan to mark the State’s 37^th anniversary of its merger with India.

Sikkim, once a Buddhist Kingdom ruled by the Chogyals since 1642, joined the Indian mainstream following an unstable political situation on May 16, 1975.

This is the first time that the State Government has instituted the Sikkim State Civilian Awards to reward those in various fields who have served the State. The awards have been categorized into three categories: Sikkim Ratna (Category – A), Sikkim Sewa Ratna (Category – B) and Sikkim Sewa Samman (Category – C).

Along with Gooroong and Limboo, ex-politician and bureaucrat-turned-journalist CD Rai and social worker Kipu Tshering Lepcha received the Sikkim Sewa Ratna awards.

Prominent among the business community who received the Sikkim Sewa Samman award were Motilall Lakhotia and Kundanmul Sarda. Former chief engineer LB Chettri and journalist Santosh Nirash also received the Sikkim Sewa Samman award.

Besides Bhachung, archery Tarundeep Rai and mountaineer Phul Maya Tamang received the Sikkim Khel Ratna awards.

The Chief Minister urged people to take interest in the past history of the State, particularly the democratic movement of the people. (also see page 4- HOW THE KINGDOM OF SIKKIM BECAME A STATE OF INDIA)

Sikkim Govt has no shares in Teesta project: report

Jagan Reddy, India’s richest politician, lied to EC on assets

Gangtok, May 16: According to his election affidavit, former Chief Minister of Andhra Pradesh’s son and Kadapa MP Jagan Mohan Reddy is India’s richest Member of Parliament with declared assets valued at Rs 365 crore. His wife has properties, cash and jewellery worth Rs 47.25 crore.

What is going to earn him infamy is the fact that Jagan has misled the Commission about his assets. For example, he did not declare his palatial houses in Hyderabad and Bangalore worth over Rs 200 crore, First Post reported.

The key fact that emerges from his elections affidavits of 2009 and 2011 is this: his assets, combined with those of his wife Bharathi Reddy, have grown more than five-fold in just two years: from Rs 77-and-odd crore to over Rs 410 crore, NDTV reported.

A special CBI court on Monday summoned Reddy to appear before it on May 28 in connection with an illegal assets case. The court also asked 12 others facing charges in the case to appear before it on the same day, PTI reported.

The special CBI court had admitted the first chargesheet filed on March 31 by CBI in the disproportionate assets case and listed the case for trial.

Last October, the CBI began probing the benami funding of two hydel power projects in Sikkim allegedly owned by Jagan’s companies. This followed a PIL filed in the High Court of Sikkim by a Sikkimese, Anand Lama, who alleged that Jagan had invested around Rs 500 crore under benami companies in hydel projects in north Sikkim. Lama wanted CBI probe into this multi-crore racket. Jagan is said to have invested heavily into the 1,200 MW Teesta State III hydel project in Chungthang in North Sikkim.

In a major exposure of what goes in high places, where corrupt deals are made keeping the public in darkness,  currentnews.in  on Friday (May 11) reported the alleged involvement of Union Minister Power Minister Sushil Kumar Shinde, Chief Minister Pawan Chamling and Jagan Reddy in what is believed to be a Rs 20,000 hydel project scam in the State.

The report says while the Teesta Stage III was supposed to be a joint venture between the Sikkim Government and Teesta Urja Ltd (TUL), a benami company allegedly floated by Jagan, the Sikkim Government does not have any shares in the 1,200 MW Teesta  Stage III hydel project in North Sikkim.

While stating that “The massive Rs 20,000 crore scandal in the hydropower sector in Sikkim that has been building up since 2004 is about to burst,” the report, quoting an order of a Gangtok District Judge, said though the project is supposed to be “under joint sector with the Government,” the Sikkim Government does not have a single share in Teesta Urja Limited, which is developing the Rs 6,000 crore MW Teesta State III power project.

“The fact that the GoS does not hold even a single share in what is supposed to be a joint venture company even though TUL and GoS had signed and executed a Memorandum of Understanding agreement on 18 July 2005 is beyond shocking. It is illegal,” the report said.

The report also alleged that TUL “was allotted the hydropower project not through competitive bidding but through an arbitrary process where it was favoured above other companies.”

“This scandal means that almost each and every official clearance and money that the project has received from the Government of India has been obtained under false pretences. TUL has illegally asked for and has received from the Government of India vital clearances like the Techno Economic Clearance from the Ministry of Power, Environment and Forest Clearance from the Ministry of Environment, land from the GoS and Rs 4, 560 crore from the Rural Electricity Corporation and 10 nationalised financial institutions,” the report said.

Worse still is the allegation that indicts the Chamling Government: “What makes the scandal even more painful is the knowledge that the GoS is not a victim of a scam but is an active and equal partner in crime with Teesta Urja Limited.”

Delay denies withdrawing CBI plea against Chamling

Gangtok, May 16: Delay Namgyal Barfungpa, who along with Pema Dadul Bhutia, sought the Supreme Court’s help to start a probe against Chief Minister Pawan Chamling and his cabinet colleagues for their alleged corrupt practices, said he has not withdrawn his petition.

“I have not withdrawn my petition from the Supreme Court,” Diley said after he returned from Delhi recently.

Reacting to media reports that he has withdrawn his petition, Diley said court papers circulated among the media and others over his reportedly withdrawal of the petition are “false and fabricated.” He said this was being done by vested interests to harm his image.

Reports indicated that Diley had applied to the Supreme Court on March 22, 2012 for withdrawal of his petition as another case of similar nature was pending before the High Court of Sikkim and it would be convenient “physically and monetarily” to pursue the matter in the High Court.

The writ petition challenges the refusal of the State Government to grant consent to the CBI to probe into corruption charges in the State on the basis of CBI report.

It may be pointed out that after the petition was filed in the Supreme Court in January this year the apex court sent notices to the Centre and State Government and the CBI for their reaction.

Unconfirmed sources say that the CBI has filed its reply before the apex court, which is yet to decide on the withdrawal of the case if ever it was sought.

Bhandari for opposition unity to oust Chamling

Gangtok, May 16: Veteran politician Nar Bahadur Bhandari has given enough hints that he is not comfortable with the Congress party, which he heads in the State.

But last week, the former chief minister, who ruled the State for nearly fifteen years (1979-1994), gave enough indications that he wants to float a regional party. He stated this during a press conference here at the party office.

While stating that he was not interested in becoming the next chief minister, Bhandari gave a call to all opposition parties to unite under a common platform to take on the Pawan Chamling-led ruling Sikkim Democratic Front, which has been in power for the fourth consecutive term since 1994.

Bhandari first came to power in 1979 on an anti-merger platform and ousted the pro-merger LD Kazi-led government in the Assembly polls in 1979. His Sikkim Janta Parishad merged with the Congress party in July 1981. Three years later Bhandari was ousted from power in May 1984 by dissidents in the Congress party, who made BB Gooroong the Chief Minister.

Bhandari’s new political outfit, Sikkim Sangram Parishad, came to power in the Assembly polls in March 1985. Once again dissidents within his party plotted against Bhandari leading to the toppling of his government in May 1994.

Bhandari finally merged his SSP with the Congress in August 2003 but without much success in the Assembly polls in 2004 and 2009.

China denies Dalai Lama’s allegation

Beijing, May 16: China on Monday accused the Dalai Lama of being deceitful after he reportedly alleged that Chinese agents trained Tibetan women to assassinate him by planting poison in their hair for him to touch during blessings.

The Chinese Foreign Ministry said the Tibetan spiritual leader's allegations, reported in the London-based Sunday Telegraph newspaper, were not worth refuting, but added that he generally spreads false information.

"The Dalai always wears religious clothes while carrying out anti-China separatist activities in the global community, spreading false information and deceiving the public," spokesman Hong Lei said at a routine daily news briefing, AFP reported.

The nationalistic tabloid the Global Times further scorned the allegations in a commentary, saying that if China had wanted to kill the Dalai Lama it could have done so any time without waiting until he was 76 years old.

The Tibetan Buddhist leader told the Telegraph he had been warned that the Chinese government was training female Tibetan agents to put poison in their hair or scarves and to seek his blessings or touch his hand.

Hundreds of thousands of people take pilgrimages each year to northern Indian town of Dharmsala, where the Dalai Lama lives under tight security. Huge crowds also surround him during his travels abroad. The Tibetan leader usually places his hand over the heads of devotees seeking his blessing.

He told the newspaper he may ending up being the last Dalai Lama because of Chinese interference in finding his reincarnation after his death.

Sikkim, Northeast still under big quake threat: scientists

 Kolkata, May 16:  Since September last year, when an earthquake of magnitude 6.9 rocked Sikkim, scientists have recorded nearly 300 aftershocks in the region and predicted the possibility of a quake up to magnitude 9. As such, they have recommended that parts of Sikkim be upgraded to Zone 5, the classification that carries the highest risk.

   The seven Northeast states are in Zone 5 — Assam and Meghalaya had a magnitude 5.4 earthquake last week. Sikkim is now in Zone 4. The prediction — by researchers of the department of geology and geophysics of IIT Kharagpur— is for a northeastern region that includes the Sikkim-Darjeeling region in particular, The Financial Express reported.

“The entire northeastern zone is at present facing the threat of an earthquake from the Himalayan regions, one that has the potential of being of magnitude 9,” says Professor Shankar Nath of IIT Kharagpur.

Scientists studying aftershocks recorded 292 tremors since the Sikkim earthquake (Sept 18, 2012), all in the range 1.5 to 5 and including 63 in the range 3.5-5, with 17 of these of magnitude 4.5 or higher. “We have completed part of our Sikkim-Darjeeling project. We have recommended that parts of Sikkim including Gangtok, Mangan and Singtam be updated to Zone 5 from Zone 4,” Professor Nath says.

Scientists have also sought an upgrade for parts of the Doors and Terai regions of West Bengal.

Months of study have resolved another contentious issue over which the scientists had been divided. Geo-scientists have come to agree that the earthquakes frequently hitting Sikkim and neighbouring areas of Bengal have not been induced by water reservoirs. “After the September 18 earthquake, there was a brainstorming session... we reached a conclusion that the earthquake is not reservoir-induced; therefore hydel projects are not a threat to the area.” Geo-scientists are of the opinion that the earthquakes have originated rather from tectonic shifts.

Sikkim government officials say the State has 27 hydel power projects, of which four are operational. According to professor Nath, “The projects can be affected due to earthquakes, but the projects cannot cause earthquakes.”

Professor Sugata Hazra, a senior professor of geology and head of the school of oceanographic studies of Jadavpur University said, “The seismicity in these regions has increased and these are not reservoir-induced earthquakes. So we think that the Sikkim and Bengal governments have to revise disaster management plans. If a strain is building up then the region can potentially have an earthquake of magnitude 8.5 in the near future.”

Editorial

SIKKIM ISSUE

Swallowed Up In Silence

The Sikkimese people view the ‘State Day’ function on May 16 each year with mixed feelings. Over the years the people have come to know the real truth of the ‘merger’. How India, Sikkim’s protecting power, took over Sikkim in the guise of ushering democracy is known to most people. However, the establishment in Sikkim, in their eagerness to please New Delhi, always pretend not to know this fact and act in a most hypocritical manner. The Sikkimese people, over the years, have certainly perfected the art of sycophancy. The political leadership in Sikkim never fails to praise LD Kazi, Sikkim’s first chief minister and the chief architect of the ‘merger’, for having brought democracy to the former kingdom. If Sikkim had retained its independent status we would have a Prime Minister and not a Chief Minister in a democratic set-up. This was actually the demand of the people during the chaotic ‘merger’ era in the early 1970s. In fact, Ram Chandra Poudyal, a prominent Nepali politician, had demanded a Prime Minister and not a Chief Minister in 1975 just before Sikkim was swallowed up in silence.

Gorkha League to observe Madan Tamang death anniversary on May 21

Darjeeling, May 16: The All India Gorkha League (AIGL) is all set to observe the second anniversary of its slain leader Madan Tamang here on May 21.

Hill Opposition leaders opposed to the Gorkha Janmukti Morcha have been invited for the memorial meeting.

Subash Ghising, Chhatrey Subba, RB Rai and Enos Das Pradhan are among those who have been invited for the occasion, it is learnt.

Tamang, a prominent Gorkha leader, was killed in broad daylight in Darjeeling town on May 21. The League has been urging the authorities to ensure speedy probe into the murder of their leader.

Youth body for Press freedom, condemns threat to scribe

Gangtok, May 16: The All Sikkim Educated Self Employed & Unemployed Association has condemned the reported threat to a journalist in the State.

In a statement, the Association’s President Nawin Kiran Pradhan said there is no place for suppression of the voice of a free Press in a democracy.

Pradhan said those who are not satisfied with media reports are free to take legal action but  “threatening” the media is not “justified.”

While assuring that his Association would protect the rights of the Press, Pradhan urged the law enforcing agencies to ensure that “anti-social elements” don’t get an upper hand.

‘It is very unfortunate that in Sikkim the numbers of assault physical/verbal

    History bares witness to the fact that after the British left India and Sikkim signed the 1950 Indo-Sikkim Treaty, the Chogyal of Sikkim restored democratic rights to the people of his kingdom. He did this by giving political rights to bonafide Sikkimese who possessed the Sikkim Subject Certificate. Despite them being in the majority the Chogyal ensured that seats in the Sikkim Legislative Assembly were also reserved for the Sikkimese Nepalese. Even after the main demand of ‘one-man, one-vote’ was conceded the anti-Sikkim forces were not satisfied as their main objective was to erase Sikkim’s international entity. Which country would have given up its sovereignty for democracy? Democracy cannot be imported; it has to evolve from within.

The Nepalese leadership in Sikkim is now helplessly realizing that without seats being reserved in the Assembly for their community as one of the ‘ethnic’ communities of the State their democratic rights and distinct identity would soon become meaningless. And yet the powers-that-be never fail to cling on to its short-term goals while making eloquent speeches on its ‘vision’ for Sikkim’s future. This farce must end now or else Sikkim will inevitably head towards total self-destruction in the near future. There is no future for Sikkim if its distinct identity is erased and political and economic rights taken away. The massive influx from outside will ensure that the Sikkimese people become refugees in their own homeland. This is the ultimate design of our adversaries and those in power are merely agents of disunity and division.

HOW THE KINGDOM OF SIKKIM BECAME A STATE OF INDIA

The demand for democracy led Sikkim to becoming the 22^nd State of India in 1975.

Early History

The earliest historical mention of Sikkim is a record of the passage of the Buddhist saint Guru Rinpoche through the land in the 9th century. The Guru is reported to have blessed the land, introduced Buddhism, and foretold the era of monarchy that would arrive in Sikkim centuries later. In the 14th century, according to legend, Khye Bumsa, a prince from the Minyak House in Kham in eastern Tibet, received a divine revelation instructing him to travel south to seek his fortunes. A fifth-generation descendant of Khye Bumsa, Phuntsog Namgyal, became the founder of Sikkim's monarchy in 1642, when he was consecrated as the first Chogyal, or priest-king, of Sikkim by the three venerated lamas at Yuksom.

Phuntsog Namgyal was succeeded in 1670 by his son, Tensung Namgyal, who moved the capital from Yuksom to Rabdentse. In 1700, Sikkim was invaded by the Bhutanese with the help of the half-sister of the Chogyal, who had been denied the throne. The Bhutanese were driven away with the help of the Tibetans, who restored the throne to the Chogyal ten years later. Between 1717 and 1733, the kingdom faced many raids by the Nepalese in the west and Bhutanese in the east, culminating with the destruction of the capital Rabdentse by the Nepalese. In 1791, China sent troops to support Sikkim and Tibet to defend against the Gurkhas.

During the British Raj

Following the beginning of British rule in neighboring India, Sikkim allied with Britain against their common enemy, Nepal. The Nepalese attacked Sikkim, overrunning most of the region, including the Terai. This prompted the British East India Company to attack Nepal, resulting in the Gurkha War of 1814. Treaties signed between Sikkim and Nepal resulted in the return of the territory annexed by the Nepalese in 1817. However, ties between Sikkim and the British weakened when the latter began taxation of the Morang region. In 1849, two British physicians, Sir Joseph Dalton Hooker and Dr. Archibald Campbell, the latter being in charge of relations between the British and Sikkim governments, ventured into the mountains of Sikkim unannounced and unauthorised. The doctors were detained by the Sikkim government, leading to a punitive British expedition against the kingdom, after which the Darjeeling district and Morang were annexed to British India in 1853. The invasion led to the Chogyal of Sikkim becoming a titular ruler under the directive of the British governor. In 1890, Sikkim became a British protectorate, and was gradually granted more sovereignty over the next three decades.

After Indian Independence

In 1947, when India became independent, a popular vote rejected Sikkim's joining the Indian Union, and Prime Minister Jawaharlal Nehru agreed to a special protectorate status for Sikkim. Sikkim came under the suzerainty of India, which controlled its external affairs, defence, diplomacy and communications, but Sikkim otherwise retained administrative autonomy. A State Council was established in 1955 to allow for constitutional government under the Chogyal. Meanwhile, the Sikkim State Congress demanded fresh elections and greater representation for Nepalese in Sikkim.

22^nd State of India

In 1973, riots in front of the Chogyal's palace in Gangtok led to increasing political instability in the kingdom. This led to signing of a historic tripartite agreement between the Government of Sikkim, the Chogyal and three major political parties in Sikkim on May 8, 1973.

In an Assembly election that followed the agreement the Lhendup Dorji Kazi-led Sikkim Congress won the polls and formed the government with Kazi as its first Chief Minister.

Amidst pro and anti-merger political battle between the people, Sikkim was made an Associate State of Indian in the latter part of 1974 on the insistence of the Kazi Government.

When anti-merger forces led by supporters of the Chogyal and a Nepali leader Nar Bahadur Bhandari refused to give into to the Sikkim Congress’s demand for merger with India a special poll was called in April 1975. Most Sikkimese alleged that the polls were unfair but the official results showed that the people had voted unanimously for the ‘merger’ of the kingdom with the Indian Union.

Thereafter, the Indian Parliament hurriedly passed the 36^th Amendment Bill making Sikkim the 22^nd State of India on April 26, 1975. Sikkim formally became a full-fledged State of India on May 16, 1975 and this day is observed as ‘State Day.’

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.