HIMALAYAN GUARDIAN     Wednesday March 13-19, 2013  

Nepal's Supreme Court defers Chief Justice's case to March 14

Rigme

Kathmandu, March 12: Nepal's Supreme Court on Thursday deferred the case of the chief justice, who was proposed by the political parties to be the interim prime minister of Nepal, by one week to March 14.

The case was supposed to deliver the final verdict pertaining to a constitutional question on whether the chief justice can lead an interim election government or not.

"The case was deferred, as there is one more writ petition filed at the apex court. Hearing for both the petitions will be held together," Bharat Jangam, the first writ petitioner told Xinhua.

Jangam defended his petition at a special bench of Justices Kalyan Shrestha, Girish Chandra Lal Das and Sushila Karki amid a huge crowd gathered inside the court on Thursday.

He told the court that it is entirely unconstitutional to appoint the chief justice as the executive head of the country.

"The government cites Article 106 of the Constitution as the basis for the appointment. But, that particular article has no mention about appointing the chief justice as the executive head," Jangam said.

Talking to Xinhua, the second petitioner, Om Prakash Aryal, who will present his logics to the court next week, said, his arguments will be based chiefly on the principle of separation of power between judiciary and the executive.

"On constitutional basis, chief justice does not qualify for the post of prime minister. Political parties are attempting to misinterpret Article 106 of the Constitution," Aryal said.

"Article 106 (1) prevents a sitting chief justice to hold the position of executive head, while Article 106 (2) bars even a former chief justice to hold the position of prime minister," he said.

More than two dozens of lawyers are arguing for and against the case, which has drawn attention of the whole country and will also decide the future course of Nepali politics.

Having failed to form a unity government, Nepal's political parties last month agreed for an interim government to be led by the sitting Chief Justice Khil Raj Regmi.

The interim body will have the mandate of holding the second Constituent Assembly elections in June this year, according to the parties' proposal.

Regmi was initially hesitant, but later conditionally accepted the offer saying that he would have no problem once the supreme court tests or interprets the constitutionality of the proposal.

JKLF Chairman placed under house arrest

Malik

Srinagar, March 12: Jammu and Kashmir Liberation Front (JKLF) chairman Mohammad Yasin Malik was placed under house arrested soon after he arrived here from New Delhi on Sunday after spending one and half month in Pakistan.

Malik, who had created a stir in India after 26/11 Mumbai attacks mastermind and Lashkar-e-Tioba founder Hafiz Mohammad Sayeed shared stage with him in Pakistan during his hunger strike, was detained by police at Srinagar airport and taken to his residence at Maisuma where he was placed under house arrest, DNA reported.

Police sources said he was placed under house arrest to prevent him from leading the ongoing agitation in Kashmir.

Malik, who arrived in Delhi on Saturday evening from Pakistan, was heckled by protestors at the airport. Contrary to the reports, he was not questioned by any security agencies neither in Delhi nor in Srinagar.

Scores of Malik’s supporters were waiting to receive him at the gate of Srinagar airport. However they created a scene by raising anti-government slogans after learning that police has picked up Malik though it later proved that he was only escorted to his residence to be placed under house arrest.

Malik is the third top separatist leader after Hurriyat hawk Syed Ali Shah Geelani and moderate Hurriyat chief Mirwaiz Umar Farooq who have been placed under house arrest soon after arriving from Delhi following the execution of Afzal Guru on February 9.

JKLF chairman also asked the people to follow the programme of Majlis Mashwarat (advisory council) spearheading the agitation for the return of remains of Afzal Guru and JKLF leader Mohammad Maqbool Bhat who was hanged and buried in Tihar jail in 1984.

J&K High Court gets its first judge from Ladakh

Srinagar, March 12: Tashi Rabstan on Friday became the first Buddhist and the first person from Ladakh to become a judge of the Jammu and Kashmir High Court. He has been an advocate at the Jammu wing of the Court for the last 20 years.

Chief Justice M.M. Kumar administered the pledge to senior advocates Ali Mohammad Magray and Dheeraj Singh Thakur, and two incumbents from the state’s Higher Judicial Service, Bansi Lal Bhat and Janak Raj Kotwal, besides Rabstan.

The High Court has a sanctioned strength of 14 judges — 9 permanent and 5 additional — but currently has only seven judges, including Justice Kumar. After Friday it will have 12 judges for the first time in about a decade.

Though Rabstan broke the barrier for Buddhists and Ladakhis, no Jammu Muslim or woman has broken the barrier.

Justice Rabstan may soon be elevated as Permanent Judge as one post from the lawyers’ quota is falling vacant this year due to the superannuation of Justice JP Singh.

Editorial

KHADAS FOR XI JINPING

Give Him Some Time

As the new Chinese leader Xi Jinping takes over the reins of power in China 108 high ranking Tibetan monks offered khadas to wish him good luck. This is a good gesture and Tibetans and those who support their cause for a just and free Tibet must give enough time to the new leader to set things right in Tibet. To a delegation of Tibetans who met him Xi responded positively: "Please convey my best wishes to all. Tashi delek.” Xi’s election as China’s new boss coincides with the 54^th anniversary of the 1959 Tibetan Uprising. It is worth noting what Taiwan’s Tibetan Youth Congress chairman Tenzing Chompel said this week on March 10: “We will not believe the lies of the Chinese again — from the 17-point peace agreement to the Sino-Tibetan talks, China has never kept its word… We will never give up pursuing independence for Tibet, because we can only be truly free once Tibet is independent.”

However, Taiwan Tibetan Welfare Association adviser Tashi Tsering said Tibetans do not hate Chinese. “Tibetans and Chinese are all humans. As long as Chinese respect Tibetans’ rights to our own culture, religion, language and self-determination, we will respect the Chinese as brothers and good neighbors,” he said. To arrive at a lasting and enduring solution for Tibet there has to be a fine balance between the hardline stand adopted by Tibetan youths and the exiled government which wants to pursue its ‘middle path’ policy on Tibet. Xi surely will be more sympathetic towards Tibet and Tibetans given the fact that his father had some connection with the Dalai Lama. He must, therefore, be given enough time to work out an amicable solution for Tibet.

After Prez meet GJM calls off agitation in hills

Shinde, Gurung and Giri in New Delhi on Tuesday (pix: The Telegraph)

Darjeeling, March 12: The Gorkha Janamukti Morcha, spearheading the agitation for a separate Gorkhaland on Friday decided to call off the protest scheduled to begin last Saturday in the Darjeeling hills.

It was decided at the GJM's central committee meeting at Kurseong during the day to call off the the agitation from March 9 till April 9announced earlier, GJM General Secretary Roshan Giri said, PTI reported.

The agitation was to demand creation of Gorkhaland and protest alleged interference by the West Bengal government in the functioning of the Gorkhaland Territorial Administration.

Giri said that GJM called off the agitation accepting appeals made by the President, Union Home and Finance Minister to concentrate on development work for the people of the hills.

The GJM delegation that met the President in Delhi on Wednesday said it would take a final decision only after returning to Darjeeling. "The President asked us to call off our strike and other agitations that we announced earlier for creation of a separate Gorkhaland state. We will, however, decide only after a central committee meeting of our party back in Darjeeling," Roshan Giri said.

 The delegation comprising GJM president Bimal Gurung, general secretary Roshan Giri, Darjeeling MLA Trilok Dewan and Kalimpong MLA Harka Bahadur Chhetri complained to the President against the West Bengal government for its interference in the running of the GTA.

"The state government is unnecessarily interfering in our jurisdictions. We cannot run the GTA properly if the state government continues to interfere," said Giri.

With the Union government giving positive vibes regarding formation of a Telengana state of late, the GJM leadership has gone all out in pursuing the Gorkhaland demand with UPA leaders in Delhi. It has also been staging a dharna at Jantar Mantar since January this year. In addition, the GJM chief has announced a series of agitations which includes bandhs on March 14, 15, 21, 22 and closure of all government offices from March 9-27.

A day before their meeting with the President Pranab Mukherjee, the delegation also called on

Union Home Minister Sushil Kumar Shinde to put across the Gorkhaland demand.

 In the meeting, the GJM President raised the issue of granting tribal status to the entire Gorkha community of the Hills, barring schedule castes.

Aaadhar card not citizenship certificate, will not replace Sikkim Subject Certificate: Secy

Namchi, March 12: Department of Economics, Statistics, Monitoring and Evaluation (DESME), Director General-cum-Secretary S.D Tshering said Aadhaar card is not a citizenship certificate but only an identification certificate. It will also not replace certificate of identification of the Sikkimese people.

Speaking at a seminar on Unique Identification Programme & Aadhaar Enabled Direct Benefit Transfer Scheme held here yesterday, Tshering said “Aadhhar card is not citizenship certificate, but only an identification certificate which can be easily verified and therefore Certification of Identification or COI of the Sikkimese people is not in danger due to this card,” a PIB release said.

Talking about the importance of the Aadhaar card the Secretary informed that all the cash benefits, from maternity cash benefits to old age pension and the payments of MGNAREGA to scholarships of the students and the 34 schemes of Government of India will be now directly deposited in the bank account of the concerned person, which gets the middle men out of the way, he informed.

The main aim and objective of issuing Aadhaar cards is to see that that money or the cash benefits and the subsidies for the poor reaches the right person, the Secretary said.

 He urged people not to pay heed to those who allege that Adhaar cards are aimed at replacing Sikkim Subject Certificates, a valid identification of bonafide Sikkimese.

Chamling to demand ‘peace bonus’ for Sikkim

Gangtok, March 12: Sikkim is once again preparing to reiterate its demand of 'Peace Bonus' for remaining 'free from insurgency or political disturbances. However, the Chief Minister Pawan Chamling himself agrees, getting this approved by the Centre is not going to be an easy task.

"We are making this rightful claim as reward for our exemplary efforts to maintain peace and tranquility at a time when other states, especially those in North east region, are faced with insurgency and terrorism related problems. We are going to make this issue a priority," Chamling told the Economic Times.

The root cause for this demand lies in the monetary incentive given as 'peace bonus' to other North eastern state Mizoram, for over a decade now, for being a peaceful state. In addition to the direct monitory favour, Mizoram was also given a Thermal Power Project (23 MW) at Bairabi as a peace reward.

"If Mizoram gets it, why not Sikkim? We should get double than what Mizoram has received so far," said Chamling.

Sikkim first made the demand for Rs 1000 crore Peace bonus in 2001. But the then Home Minster L K Advani turned it down saying, "The case of Sikkim is not comparable with that of Mizoram. Peace bonus was given to Mizoram after taking into account the fact that the state had faced over two decades of militancy and very little development had taken place in the state during the period." That poured water on Sikkim's demand, ET reported.

However, West Bengal's Darjeeling hills, adjoining to Sikkim has gone under wildfire of political chaos on the demand of separate statehood under a strong ethnic sentiment since 2007. Neither the erstwhile Left Front government nor present TMC ruled Government could cool it down. But "Sikkim, despite being socially or geographically attached to Darjeeling hills, remained free from this kind of chaos. That might have encouraged it to demand for peace bonus afresh," said political experts.

However, it is becoming evident that new political or ethnic conflicts are brewing up even in Sikkim and it won't take long before becoming clearly visible. Naturally, "This is the high time for Chamling to place his demand. Otherwise it may become a never ever game," they said.

Implement Assam Accord, update NRC: ASSU

“Unless the Assam Accord is implemented, the future of indigenous people is bleak”

The signing of Assam Accord in 1985

Guwahati, March 12: Accusing the State Government of totally failing in updating the National Register of Citizens (NRC), the All Assam Students’ Union (AASU) has demanded that both the State Government and the Centre take urgent initiative to implement the Assam Accord in its letter and spirit.

The AASU will resort to a Statewide 30-hour fast from 6 am on March 19 at every district headquarters where a 30-member body of the AASU would take part, Assam Tribune reported.

The AASU said that the Government had been sitting over the all-important issue of Assam Accord implementation with many crucial clauses such as NRC update, sealing of the porous Indo-Bangladesh border, safeguarding the rights – including the right of land and political rights – of the indigenous people.

“Unless the Assam Accord is implemented in its entirety, the future of the indigenous people is bleak in the face of large-scale cross-border infiltration from Bangladesh. Both Delhi and Dispur have so far displayed a cavalier attitude over a matter of utmost significance for Assam and its people. The Congress Government in the State, in particular, has been exposing its love for the Bangladeshi infiltrators all these years,” AASU president Sankar Prasad Ray, general secretary Tapan Gogoi and adviser Dr Samujjal Bhattacharya said in a statement.

The AASU leaders said that the tripartite talk chaired by Prime Minister Manmohan Singh in May 5, 2005 had resolved to have the NRC updated within two years but almost eight years passed since without any concrete measures on the ground. “Even the promise made by the Group of Ministers (GoM) of the Assam Government about starting the process of NRC update from July 2012 has not materialized,” they added.

Centre approves Border Haat in Arunachal Pradesh

Itanagar, March 12: The Centre has approved opening up of a Border Haat at Pangsau Pass along the Indo-Myanmar border in Changlang district of Arunachal Pradesh to boost border trade with South East Asia in tune to its Look East Policy.

Chief Minister Nabam Tuki had last year written a letter to the Prime Minister requesting for opening up border trade on few specific points along the International border that Arunachal Pradesh shares with neighbouring countries, PTI reported.

The Union External Affairs ministry has now informed Tuki that under the memorandum of understanding (MoU) on establishment of Border Haats along the Indo-Myanmar border, which was signed during the visit of Prime Minister to Myanmar in May last year, the Centre has approved opening of a Border Haat at Pangsau Pass, official sources said.

The modalities for operationalisation of the Border Haat have been finalized at technical level discussions that were held in October last year in Myanmar, informed Foreign Secretary Ranjan Mathai.

Once established the Border Haat would be the first of its kind along the border with Myanmar and its operationalisation is expected to provide impetus to development activities for the people living close to the border areas.

SIKKIM OBSERVER Saturday   March 9-15,  2013    

Dalai Lama on 3-day visit to Sikkim in March

     The Dalai Lama at the Pemayangtse Monastery in West Sikkim in December 2010.

Gangtok, March 8: The Dalai Lama will be visiting the State for the consecration ceremony of the Buddha Park (Tathagata Tsal) at Rabong in south Sikkim during the last week of this month.

State officials said he will be reaching Rabong on March 24, as part of his three-day tour.

The Dalai Lama will be offering the long lime empowerment after his arrival in Rabong.

The consecration ceremony will take place on March 26 morning, after which the Dalai Lama will reach the State capital to interact with students and youths here in the Mannan Kendra in the same afternoon.

A group from the Tibetan Institute of Performance Arts from Dharamsala is also coming to perform cultural items along with the troop of the state's culture department during the ceremony.

Chief Secretary R Ongmu has visited Buddha Park and inspected the area.

She also chaired a meeting regarding the preparation of the opening ceremony and the visit of the Dalai Lama in the conference hall of Buddha Park. The meeting was attended by the Chairperson of the Sakyamuni Committee and former area MLA and Minister D.D Bhutia, DGP Jashbir Singh along with heads of various departments.

 Chief Secy briefed on ASESEUA demands

Gangtok, March 8: Members of the All Sikkim Educated Self Employed & Unemployed Association (ASESEUA) met the newly-appointed Chief Secretary Rinchen Ongmu here on Tuesday and congratulated her for being appointed Chief Secretary.

Association President Nawin Pradhan said members highlighted and reiterated the demands of the Association during the meeting.

The Chief Secretary was apprised of the Association’s demands such as constitution of interlocutors committee to study the violation of 371-F, equality before law, no back door/illegal appointments, free and fair recruitment policy, action against fake COI holders, end to service extension, tapping of unnecessary expenditure, proper public site distribution policy etc.

The Association has opposed service extension of the outgoing chief secretary Karma Gyatso and reappointment of A. Dutta (ex-ADGP) as Security Advisor.

Sikkimese students, Tenacians toppers in IHM exams

Gangtok, March 8: Sikkimese students and ex-students of Tashi Namgyal Academy (TNA  - Gangtok) have performed remarkably well in the recently-held exams at Institute of Hotel Management (IHM) in Rumtek, East Sikkim.

Kunga Chukie Namgyal Kazi (TNA - Tenacian), Rajshree Chettri and Rahul Tewari ranked 1^st position in 1^st, 2^nd and 3^rd year exams (first semester) respectively.

The performance of Tenacians in the 1^st year’s first semester is also noteworthy. Apart from Kunga, other TNA ex-students who did well are Kunzang Chukie (Dolly), who came 3^rd, Rajdeep Gurung (6^th), Laden Gensapa (7^th) and Sonam Deki Namgyal Kazi (11^th).

IHM Principal JT Gyaltsen said “Students from Sikkim undergoing B.Sc degree in Hospitality and Hotel Admnistration” at the IHM have “shown excellent performance.”

Gyaltsen, who seemed happy and excited on Sikkimese students doing well in the exams, is hopeful that those who performed well will find their names in the toppers list at the all-India level. “In the near future Sikkimese students will bring the Institute’s name to the limelight at national level and also get employment in India and abroad,” Gyaltsen added.

IHM, affiliated to National Council for Hotel Management under Ministry of Tourism (Govt of Indai), is among the top ten colleges in India that offers degree and diploma courses in hotel management.

Bhaichung launches fitness studio in Gangtok

Bhaichung launching Sparrc Institute in Hyderabad (file pix)

Gangtok, March 8: Former Indian football captain Bhaichung Bhutia haslaunched his first fitness studio named `BB15 Fitness` here.

Bhaichung said he would like to launch his BB15 Fitness studio in other cities in the country also.

"Fitness has always been a part of my life and with the start of BB15 Fitness Studio I want people to start taking care of their health and enjoy fitness," he said.

"I have brought state of the Art equipment’s Techno gym to give the very best to people here. I wish to bring about BB15 Fitness studio across other towns and cities in India very soon," said Bhaichung.

Sikkim courts big corporates for tourism growth

Gangtok, March 8: Tourism Secretary KS Tobgay has invited big business houses to invest in the State’s tourism infrastructure by setting up premium hotel chains and other entertainment  industries.

He assured them that the State Government will facilitate them for setting up their units in the State.

Speaking at a function on promotion of tourism in Sikkim in New Delhi yesterday, organized by Sikkim Tourism and Civil Aviation Department in New Delhi this week, Tobgay explained in details the various incentives being provided for tourism sector in Sikkim. He said the State’s peaceful atmosphere and better road connectivity held immense potential in adventure, culture and nature tourism.

The function was attended by Ninong Ering, Union Minister of State for Minority Affairs,  P.D. Rai and Hishey Lachungpa, Sikkim’s Lok Sabha  Rajya Sabha M.Ps respectively, Gudmundur Eiriksson Ambassdor of Iceland  in India  and central and State Government officials.

Representative of leading tours and travel industry, various business chambers, corporate houses and prestigious hotel chains attended the meet and showed keen interest in investment in tourism sector in Sikkim, an official release said.

Ongmu takes over as Chief Secy, thanks CM

Gangtok, March 8: Chief Secretary Rinchen Ongmu chaired her first coordination meeting with secretaries and heads of departments here on Tuesday after taking over  charge as head of the administration.

She thanked Chief Minister Pawan Chamling and the State Government for giving the opportunity of shouldering the  responsibility of the State as Chief Secretary, an official release said.

Ongmu also said that it will be a great privilege and honour for her to work with such experienced officers who are heading various departments of the state government and have contributed a lot to the development of the Sikkimese society. At the same time she also urged everyone to feel free to interact with her in their day-to-day activity and share their opinions and experiences in the interest of the State.

 “This is a learning process and I am also a part of it,” she said. 

Taking a review of the previous coordination meeting the Chief Secretary dealt about the decisions taken by the previous coordination meeting and urged the department heads to submit their action taken report on the 42 days tour of the Chief Minister to the office of the Chief Secretary.

As of now only 23 departments have submitted their report. The commitments given by the Chief Minister during the 42 days tour should be taken very seriously by heads of the departments, she added.

She also dealt in detail about the activities taken on the rehabilitation and reconstruction process of the  September 18, 2011 earthquake. Ongmu asked departmental heads to expedite the matter so that the funds allocated are used in time and proper Utilization Certificates are submitted to the government of India for the release of further funds.

60-day handloom weaving training concludes in South Sikkim

Gangtok, March 8: A 60-day handloom weaving training (20 weavers of batch) sponsored by office of the Development Commissioner (Handlooms), Ministry of Textiles, Government of India, organized by Sikkim Handloom and Handicrafts Development Corporation Ltd. Zero Point, Gangtok at Goom - Kitam, South Sikkim was concluded on February 19, 2013.    

     The Chief Guest for the Valedictory function was Sunita Tamang, Zilla Member of 31 – Sorok – Shyampani GPU, South Sikkim. The programme was also attended by Durga Kumar Rai, Assistant Director (South), DHH and Jigme Pintso Bhutia, Assistant Director (Production) I DHH, Gangtok and all the Panchayat Members of  31 – Sorok – Shyampani GPU, South Sikkim and local gentry.

During her address the Chief Guest stressed on women empowerment, self -reliance, and income generation. Tamang urged the trainees to take full advantage of training and also thanked the department for organizing such programmes in their area.

Bhutia and Rai talked about various centrally sponsored schemes on handloom sector like Weavers Identity Card, Weavers Credit Card, Life and Health Insurance of Weavers, Yarn Pass Book, 10% subsidy on yarn purchase etc.

The weavers were awarded certificates by the Chief Guest.

Spices Board awards large cardamom growers of Sikkim, Darjeeling

Gangtok March 8: Spices Board, Ministry of Commerce and Industry, Government of India organised a function for Presentation of Productivity Awards for Large Cardamom Farmers of Sikkim and Darjeeling at a local hotel here in the state capital.

 The function was graced by the Minister for Food Security and Agriculture and Horticulture and Cash Crop Department, D.N Takarpa as the chief guest.

The chief guest presented the Productivity Awards to the large cardamom farmers for the year 2009, 2010, 2011 and 2012 with the cash prize of  Rupees one lakhs, citation and certificate to the first prize winner and Rupees twenty five thousand each to two farmers, one of which was reserved for woman, PIB release said.

The first winner of the award for the year 2009- 2010 was Tashi Thendup Bhutia of Mangan, North Sikkim, and second was Lakpa Sherpa of Darjeeling District and Anden Bhutia of Singyang, West Sikkim.

The first prize winner of the year 2010 - 2011 was  Rukmani Rai of  North Regu, East Sikkim and second by  Dali Bahadur Chettri of Kalimpong, Darjeeling District. Similarly, the first prize winner of the year 2011 - 20012 was K.B Rai of South Regu, East Sikkim and second prize was bagged by Nimching Bhutia of Sribadam, West Sikkim.

Addressing the function Takarpa congratulate the award winner and expressed his gratitude to the Spices Board for providing such award to the farmers to encourage cardamom growers for improvement of quality production. He suggested the farmers to adopt latest technology for the production of qualitative product which could compete in the competitive market.

He also hoped for the cooperation from spices board and other agencies with the state government for providing support to farmers of the state. He also informed about the state government schemes and intensives to the farmers of the state. He also thanked for the farmers of Darjeeling District for their participation on the programme. On the occasion Takarpa also released a book, naming “Large Cardamom Package of Practices 2013”

While addressing Professor  Kalyan Dewan of Gorkhaland Territorial Admistration, Darjeeling said that the government of Sikkim has done tremendous development in agriculture which has become a guide map for GTA.

The function was also addressed by S Siddaramappa, Director Spices Board, Kochi and the Secretary, Food Security and Agriculture Development and Horticulture and Cash Crop Department Santa Kumar Pradhan.

Editorial

ONGMU’S BURDEN

Difficult Task Ahead

Being Sikkim’s first woman and perhaps the last local Sikkimese to head the State administration as Chief Secretary, Rinchen Ongmu has a tough task ahead. Her tenure may also witness far-reaching changes in the administrative and political set up in a State which has seen one-party rule in the past two decades. The declining strength of local Sikkimese civil servants in the top echelons of the State administration will surely lead to new political awareness and social changes in a society that is still not used to ‘outsiders’ taking over reins of power in the former kingdom. Ongmu is one of the very few IAS officers whose IAS tag is not a gift of the Centre; she got it on her own. Her sound family and educational background and her wide experience as a civil servant will surely be put to test as she takes over the administrative in these very difficult period.

After years and decades of being under one-man rule people are now eagerly looking towards a rejuvenated opposition led by rebel MLA PS Golay, who recently formed his own political outfit – Sikkim Krantikari Morcha (SKM) – whose main objective is to bring real change and establish true democracy and sound economic development in Sikkim. As the next Assembly polls draw nearer the 55,000 government employees in the State will surely play a leading role in who forms the next government. Therefore, the new CS, who has a good rapport with Chief Minister Pawan Chamling, will surely find her new task more challenging and difficult. She will forced to serve her political masters who will surely misuse the administrative machinery blatantly to stay in power. But if Ongmu follows the rule of law keeping the interest of the people, particularly the Sikkimese, in mind and yet keep her bosses quite happy she would have done justice to the post she holds. She, therefore, deserves our congratulations and good wishes.

SIKKIM OBSERVER Saturday   March 2-8,  2013    

Justice Pius tipped to be Sikkim High Court CJ

Gangtok, March 1: Justice Pius C Kuriakose, a judge of the Kerala High Court, may well become the next Chief Justice of the High Court of Sikkim. The Supreme Court collegium has reportedly recommended Justice Kuriakose’s name for the post.

Justice Kuriakose, born on October 2, 1951, enrolled as an advocate in 1974 and was made an Additional Judge of the Kerala High Court on September 9, 2002. He was made a Permanent Judge on September 8, 2004.

If the appointment goes through, Justice Kuriakose will replace Chief Justice Permod Kohli who became the Chief Justice on December 12, 2011.

Born in Tripunithura in 1951, Justice Kuriakose did his schooling at St Mary’s Lower Primary School, Tripunithura, the Leo XIII English Medium High School, Alappuzha and Govt Boy’s High School, Tripunithura.

Later, he joined the Maharaja’s College, Ernakulam, and then Law College, Ernakulam. He enrolled as lawyer in 1974 and started practice in Ernakulam.

Sikkim needs rail connectivity: PD Rai

New Delhi, March 1: The railways should create a mountain unit within the ministry to plan connectivity in the Himalayan region, lone Sikkim Democratic Front member in the Lok Sabha, P D Rai, said on Wednesday while noting that his State, which borders China, remains cut off from the national network till date.

"Till date there is no rail link to Sikkim. There is no strategic thinking. Why can't we have railway when China has built rail connectivity till Lhasa in Tibet," Rai told IANS.

"I will write to Railway Minister P K Bansal to create a mountain railway division. Railway can be a clean form of transport in the Himalayan region," he said.

Rai said the need for connecting Sikkim with rail network was being felt more as it has become the fastest growing state, especially in tourism.

"We get around 7 lakh (700,000) tourists per year," said Rai.

According to Rai, the foundation stone of the 52 km Sevok-Rangpo rail link in the northeastern state was laid in 2009 but there has been no progress since then.

"The rail link will help as the highway connecting Sikkim (with North Bengal) has become overloaded," he said.

Chief Secy Karma Gyatso retires

Gangtok, March 1: Chief Secretary Karma Gyatso retired yesterday after serving the State Government for over three decades.  Gyatso first joined service in the year 1974 and was inducted into the IAS in 1977. 

During his long tenure as a civil servant Gyatso served in various capacity in almost all departments.  He is notable for having been the architecture of establishing Tourism Department and putting Sikkim in the tourism map of India and abroad. 

Amongst the various high points of his career he was the Deputy Leader in the Indian delegation to China to sign the MoU for Nathula trade.

  During the Chief Minister’s address to the Sikkim Legislators here on Thursday,  Chamling paid glowing tributes to the outgoing Chief Secretary and termed him as a man of generosity, frankness and easy disposition.

 The Chief Minister stated that he was indebted to the help and support that Gyatso rendered to the Government during his 18 and half months tenure as the Chief Secretary.

  Gyatso is appointed as Administrative Advisor to the Government of Sikkim with Cabinet rank.

 Sikkim has achieved new heights in development: Chamling

Sikkim Assembly passes Bills

Gangtok, March 1: The second day of the Eighth Assembly of Seventh Session presided over by  Speaker K.T. Gyaltsen  saw passing of bills: Amendment Bills, Appropriation Bills, First Supplementary Demands for Grants 2012-2013  and Vote on Account 2013-2014.

 The Bills were the Sikkim Earthquake Rehabilitation Management Fund Bill, Bill No 4 of 2013, and the Sikkim Value Added Tax (Amendment) Bill, Bill No. 5 of 2013, which was presented by Chief Minister Pawan Chamling who is also the Minister-in-Charge of Finance, Revenue and Expenditure Department on the first day of the session.

During the financial business, the House considered and unanimously passed the Excess Demands for Grants for the financial year 2007-2008.

 The Chief Minister introduced the Sikkim Appropriation Bill, Bill No 1 of 2013 for Excess Demands for Grants 2007-2008 which was considered and passed by the House unanimously.

The First Supplementary Demands for Grants 2012-2013 and the Vote on Account 2013-14, which were introduced on the first day of the session by the Chief Minister was also passed by the House unanimously.

The Chief Minister also introduced the Sikkim Appropriation Bill, Bill No. 2 of 2013 for the First Supplementary Demands for Grants 2012-2013 and the Sikkim Appropriation Bill, Bill No. 3 of 2013 for the Vote on Account 2013-14 were considered and passed by the House.

Chamling presented the Finance Accounts 2011-2012 (volume I and II ) and Appropriation Accounts 2011-2012, the Report of the Comptroller and Auditor General of India (Report No.3) of the year 2010-11 on impact of implementation of developmental schemes in South district, ‘Half yearly review” report of trends in receipts and expenditure in relation to the budget 2012-13.

 The Speaker also announced for laying ‘White paper on Chief  Minister’s Relief Fund’ on the table of the House and the presentation of annual report of the State Government departments.

 The Minister for Rural Management and Development Department, C.B. Karki, presented the annual technical inspection report of the Comptroller and Auditor General of India for the year ended 31st March 2011 on Panchayati Raj Institutions, Government of Sikkim.

The Leader of the House while delivering his vote of thanks said that the two days session saw the passing of new bills, Appropriation bills, Amendment Bills, Supplementary Demands for Grants, Vote on Account. The Vote on Account 2013-2014 for three months starting from April to June 2013 is due to non finalization of annual budget of the country. The funds are required for the disbursement of the salaries, wages and other expenses to the state government. The Leader of the House said that the state government is trying its best to avail maximum development in the state with the allotted annual fund by the centre government.

He further stated that the state government has achieved fast development in a span of his tenure of 18 and half year in all sectors. In this regard, the Chief Minister also informed that under his tenure the state has taken giant leap forward in taking the state to newer heights. He stated that a good leadership is required for the development of the State as well as the smooth functioning of the Government. Therefore, the present Government is working day and night to make Sikkim capable, skilled and prosperous. 

 He also thanked the Chief Secretary Karma Gyatso who is retiring from his service and acknowledged him as dynamic, capable, free and frank person. Further, he said that, Gyatso has worked for the State Government with dedication and honesty and further wished him success and best in his retirement life.

The Chief Minister further informed that Mr. Gyatso will be further appointed as the Administrative Advisor to the Government and he expected that  Gyatso will provide his contributions with the same commitment.

Japan helps Sikkim preserve its biodiversity

Ten villages targeted for development of eco-tourism

Gangtok, March 1: A team of experts from Japan recently visited remote areas of Sikkim to review work on a biodiversity conservation and forest management project.

Representatives of Japan International Cooperation Agency (JICA) interacted with members of the Joint Forest Management Committee and reviewed their work in Sikkim, which is known for its rich biodiversity, ANI reported.

JICA is an independent governmental agency that coordinates official development assistance (ODA) for the Government of Japan.

"Sikkim was chosen for the biodiversity conservation project as JICA felt that the State had unique flora and fauna that deserved attention. JICA treated the Sikkim project as its flagship biodiversity program which would serve as a model for other States of India and other parts of the world," said Vineet Sarin, Principal Development Specialist, JICA.

The JICA team also met various self-help groups and interacted with youth from the region.

Ten villages in Sikkim are being targeted for the development of eco-tourism.

The scheme has already been implemented in Okhrey, Kitam and Dzongu villages in West and North Sikkim.

"I see lots of potential in Sikkim, it has a beautiful diversity. In the field of eco-tourism, local can share to tourist and get a benefit from them," said Miho Horikawa, representative, JICA .

This project will cover key areas of biodiversity conservation, eco tourism and scientific management of forest areas with active involvement of local communities.

It will help local people who are dependent on forests and will promote biodiversity conservation in the State.

Dutch, Thai agencies to help Sikkim develop floriculture

Gangtok, March 1: Floriculturists from Netherland and Thailand, who  participated in the International Flower Show here, will sign an MoU with the State Government soon to help the State develop its potential in flower farming.

The agreement would be to make Sikkim, the geographical and environmental conditions of which are ideal for floriculture, better equipped to cater to demands and requirements of the international market, Horticulture Secretary Santa Pradhan, said.

Editorial

NORTHEAST POLLS

Status Quo Maintained

While the CPI (M)-led Left Front returned to power in Tripura for the fifth consecutive term, the Naga People’s Front (NPF) has performed better this time and is all set to form the government in Nagaland without the help of other Democratic Alliance of Nagaland (DAN) partners. In both these states the Congress has been almost totally wiped out. Only Meghalaya offers a ray of hope for the Congress but here, too, the party missed the simple majority mark of 31 in a House of 60 by two seats. A big relief for the Congress in Meghalaya is that former Speaker PA Sangma’s newly formed National People’s Party won only two seats. He will, therefore, be unable to unite the opposition to dislodge a Congress-led government in Meghalaya.

The NPF will now play a bigger role in the Naga peace process. The poll verdict has given its chief and the likely chief minister,  Neiphiu Rio, who is very positive on the Naga issue, the mandate of the people to bring about an amicable solution at the earliest. Tripura is now the last bastion of the Left and as of now none of the opposition parties are likely to make much inroads in the State. This will be Tripura’s fourth term under Chief Minister Manik Sarkar, who made peace and development his main poll plank. All set and done the Assembly poll results are a repeat of the 2008 polls.

SIKKIM OBSERVER  Saturday   Feb 22-March 1, 2013

Making CJ as PM “will turn Nepal into Sikkim”:  Maoists

Nepal CPN-Maoist leader Dev Gurung

Kathmandu, Feb 22: CPN-Maoist on Tuesday burnt down Monday´s nine-point draft proposal worked among the major parties claiming the agreement as anti-national. Addressing a gathering in Kathmandu after its nationwide shutdown, Maoist leaders said the party will continue its protests until the parties change their mind of a chief justice-led government.

"The nine-point agreement is against national interest. The parties plan to form a chief justice-led government on cue from imperialists and expansionists," said the party’s secretary Dev Gurung addressing the gathering after its general shutdown in Kathmandu, Republica reported.

He also torched a copy of the draft proposal. He also said that the plan by UCPN (Maoist), Nepali Congress, CPN-UML and United Democratic Madhesi Front (UDMF) to install the chief justice as head of the government will turn Nepal into Sikkim.

He also alleged that Shital Niwas, the president´s office, has turned into a playground of traitors.

Addressing the gathering, Matrika Yadav, coordinator of the CPN (Maoist), alleged that UCPN (Maoist) Chairman Pushpa Kamal Dahal and Vice-chairman Baburam Bhattarai are main stooges and the leaders of Nepali Congress, CPN-UML and UDMF are secondary stooges of the foreign forces.

Similarly, CPN (United) leader Pari Thapa said Chief Justice Khil Raj Regmi was responsible for the demise of the Constituent Assembly and UCPN (Maoist), NC and UML were the main culprits. He also claimed that the parties will not be able to conduct CA election.

Mani Thapa, the chief of the Revolutionary Communist Party, echoed Matrika Yadav and urged people and nationalist forces to be ready to save country.

Addressing the gathering, senior journalist Yuba Raj Ghimire urged Prime Minister Bhattarai to tell the country who holds the keys of the country. He also urged UCPN (Maoist) Chairman Dahal to tell the country who the foreign master is. Earlier, Bhattarai had said keys of the country are not in Nepal and Dahal had said he resigned as prime minister as he refused to surrender to the foreign master.

CPN-Maoist plans to present a memorandum to the president against the 9-point draft proposal on Wednesday and stage sit-in at Lainchaur.

SKM delegation meets Guv, demands Akshay’s suspension

Gangtok, Feb 22: The Sikkim Krantikari Morcha (SKM) has sought Governor BP Singh’s intervention for suspension of IGP (Law & Order) Akshay Sachedava for his alleged role in police lathicharge in SKM office here on February 11.

In its memorandum submitted to the Governor, the party has also demand judicial probe into the  incident that injured many SKM activists, including women.

The delegation of the party also apprised the Governor of the Feb 11 incident. While those involved in the incident have been jailed others are undergoing medical treatment here at a local hospital.

A report of the incident carried in India Today said: “A senior police officer of Sikkim was caught on camera while allegedly ordering his subordinates to cane-charge women protesters for protesting against Chief Minister Pawan Chamling recently.

The video of the incident, which has been circulating on social media, shows inspector general of police (IGP) Akshay Sachdeva asking his men to lathi-charge the women activists of Sikkim Krantikari Morcha.”

India Today added, ‘In the video, which has gone viral on the web, the IGP can be seen instigating policemen not to spare women protesters and rain them with lathis for allegedly throwing plastic bottles at the chief minister's car.

The officer is even heard asking the policemen if they were eunuchs after some of them hesitated in beating up women. The action was ordered even as the miscreants, who actually threw bottles, were being identified.”

Rao re-elected IFWJ Prez

     IFWJ President K. Vikram Rao (right) with his colleagues during a function of the IFWJ (file pix)

Gangtok, Feb 22: K. Vikram Rao has been re-elected as President of Indian Federation of Working Journalists (IFWJ).

Rao was re-elected unopposed. Author of many books, Rao worked for The Times of India for more than 35 years.

He was jailed for 19 months during the emergency in the 1970s for Press freedom. Rao was also a member of the Press Council of India for two terms.

Sikkim Federation of Working Journalists (SFWJ) President Jigme N Kazi has congratulated Rao for his re-election. SFWJ is affiliated to IFWJ.

Editorial

OLD SETTLERS IN SIKKIM

Grant IT Exemption

Now that the Supreme Court has taken a serious note of the demand of old settlers in Sikkim on income tax exemption and has even granted a stay order restraining tax authorities from recovering income tax dues from them it is time for all parties to take the matter seriously and settle it at the earliest. Locally referred to as purano byapari, many of the old settlers in Sikkim trace their origin in the former kingdom to around 1890 when Sikkim became a British Protectorate. A large section of early settlers in Sikkim from the majority Nepalese community also settled in Sikkim during this period. Rightly or wrongly, unlike the Nepalese the old settlers from the business community, many of whom are Marwaris and Biharis, were not given Sikkim Subject Certitificate mainly because they did not apply for it. India had become independent and Sikkim continued to be a protectorate of India even after the British left the subcontinent in 1947.

The Indian origin old settlers in Sikkim preferred to become ‘citizens’ of free Indian then become ‘subjects’ of the Chogyal.

Whatever be their past history it is a fact that the old settlers played a leading role in economic development of Sikkim. During the Chogyal all those who resided in Sikkim, including the purano byaparis, came under the same tax law. Even after the ‘merger’ the same system continued. It is only after the Centre decided to exempt ‘Sikkim subjects’, which include Sikkimese Nepalese, from payment of income tax in 2008 that the demand for income tax exemption for old settlers gained momentum. Chief Minister Pawan Chamling has assured old settlers that the matter would be settled amicably. Other political parties and social organizations in Sikkim also have a sympathetic view on the subject. Now the time has come to positively act on the matter.

DOCUMENT

The Sikkim Chamber of Commerce recently submitted a memorandum to the Income Tax Department on exemption of IT for old settlers in Sikkim. The full text of the memorandum is published herebelow:

The Commissioner of Income Tax,

Income Tax Department,

Government of India,

Gangtok-Sikkim

M E M O R A N D U M

Sir,

The Sikkim Chamber of Commerce welcomes you to the small peaceful and beautiful state of Sikkim. As understood by us the very reason for your visit is to understand the reasons of non compliance of Indian Income tax extended in Sikkim in the year 2008. The Sikkim Chamber of commerce on behalf of all communities in Sikkim submits the under mentioned for your kind information and necessary action please.

History of Old Settlors in Sikkim

The various communities comprising mostly of people who migrated from different parts of India have been settled in Sikkim from centuries when Sikkim was a country under the regime of Chogyal Dynasty. The then erstwhile kingdom treated all the communities equally in all aspects of life. In the year 1961, the Government of Sikkim enacted Sikkim Subject regulations Act 1961 and issued Sikkim Subject certificates to the citizens of Sikkim. The Indian citizens residing in Sikkim until April 26, 1975 chose not to obtain Sikkim Subject Certificates under the provisions of the Sikkim Subjects Regulation, 1961 as they were already citizens of India. Sikkim was a protectorate of India under the Indo-

Sikkim Treaty of 1950 under which all Indian citizens residing in Sikkim were treated at par with the Sikkimese people. There was no discrimination during the regime of the Chogyal and the Sikkim Income Tax Manual, 1948 was applicable equally to all persons residing in Sikkim until 16/06/2008 as per Circular No.2/Fin/Adm. dated 16/06/2008 issued by the Finance Department, Government of Sikkim. On 26th April 1975, Sikkim merged with India as per Article 371 (f) of the Indian constitution. The Sikkim Subject was repealed and Certificate of Identifications were issued to Sikkimese citizens and it was issued by Govt. of Sikkim. There were large number of people who were left out from becoming Indian citizen who were neither Indian nor Sikkimese, the Sikkimese Citizen having Sikkim Subject automatically became citizen of Indian, so the government through the MHA Order No.26030/36/90-IC-I dated 7/8/1990 and April 8, 1991 on the basis of MHA Order No.26030/69/88-IC-I dated 20th March 1989 with Guidelines thereto made them citizen of India and issued them Certificate of Identification. Indians were not required apply for COI as they were already Indians.

Extention of Indian Income Tax Act 1961 in Sikkim

The Indian Union extended the Income tax Act 1961 in Sikkim as per sec 10 of 26 AAA on 16/06/2008 as per Circular No.2/Fin/Adm. dated 16/06/2008 issued by the Finance Department, Govt. of India. The definition of “Sikkimese” as explained by the act deprived us of our identity and is discriminatory towards original Indians residing in Sikkim before its merger with Indian Union. As per the definition of “Sikkimese”, people who were neither Sikkimese nor Indian but made Indian vide MHA Order No.26030/36/90-IC-I dated 7/8/1990 and April 8, 1991 were exempted but at the same time the original Indians were denied of their legitimate rights.

Representations made by the communities so far and the outcomes

The various communities residing in Sikkim since pre merger era i.e. before 26th April 1975 have made several representations to different forums for inclusion of 400 families who are left out from the purview of Income tax exemption, the details are as under :

1. Petition in Rajya Sabha Petition Committee

A petition to seek equal rights and exemption of Income Tax and to safeguard the rights of bonafide Indian National Citizens residing in Sikkim before the merger is filed and accepted by the Rajya Sabha Petition Committee. The Committee was to visit Sikkim and conduct the hearing of affected citizens on 21st September 2011 but because of a massive earthquake in Sikkim on 18th September 2011 their visit was cancelled. The committee again was supposed to visit Sikkim on 16th of September 2012 for final hearing to reach upon conclusion but the visit was again cancelled due to imposition of code of conduct due to panchayat elections. The decision of the committee is still pending which is due any time from now.

2. Representation to Hon’ble Finance Minister, Govt. of India

A representation from the affected citizens were submitted to the then Honb’le Finance Minister vide letter on 14.12.2011 ( Annexure 1 ) and on hearing upon our grievances we were assured by him to look into the matter for consideration of Indian Income Tax exemption to the left out old settlers of Sikkim. The Honb’le Minister made a statement on record and assured in the Parliament on 12/12/2011 that “So far as Sikkim is concerned, I am receiving representations and some representations I have already received. I am looking into it.” ( Annex-2) when the issue was raised by the Shri. S. S. Ahluwalia, Member Rajya Sabha. As informed to us the matter is under active consideration and results awaited.

3. Representation to Hon’ble Chief Minister of Sikkim, Shri Pawan Kumar Chamling

We have submitted a memorandum to the Honb’le Chief Minister of Sikkim to grant exemption of Income tax to bonafide Indian national residing in Sikkim before 26th April 1975. The State Government acting on the memorandum took following actions

a) Acknowledging our genuine demand the state government formed a committee to study the issue and make recommendations to the government. (Please see Annex-3)

b) Passed a private memo in Assembly (Please see Annex-4).

c) Passed resolution in assembly on 26/03/2011 (Please see Annex-5)

d) Made recommendations to Govt. of India and raised the issue with Honorable Prime Minister of India and the then Hon’ble Finance Minister Shri Pranab Mukherjee. (Please see Annex-6)

e) The Chief Secretary wrote a letter on 21.01.2012 to Sri Mukesh C. Joshi, Chairman Central Board of Direct Taxes, Ministry of Finance, and Govt. of India. (Please see Annex-7)

The matter is still under consideration and no parties till date has denied to grant exemption and the deliberation on the issue is at its peak.

4. Representation to Income Tax Department, Sikkim and in Siliguri

There were memorandums submitted to various IT officials but no action or even reply has been received from their end.

5. Situation of Business Communities settled in Sikkim after post merger

The extension of Indian Income Tax has not only created havoc amongst the old Settlors but it has been very difficult for the post merger business communities to adopt the act. The Income tax manual 1948 was followed until 16/06/2008 and the post merger settlers were following it for almost 33 years. The calculations were very simple. The complexity of the taxation rules as per Income Tax Act 1961 has to be well taught to all for successful implementation of same. Moreover large numbers of businessman have already paid their taxes upto the financial year ending March, 2008 under Sikkim Income Tax manual to the Government of Sikkim. Since decades the business communities have been running their businesses in Sikkim as Hindu Undivided Family (HUF), everything is in the name of Head of the family. The assets and income actually belong to all members of the family. No tax planning has been done as it is done in other parts of the country.

Sir, in view of above facts and considering the complexities of the issues involved we request and suggest you that:

a) All matters pertaining to Central Income Tax for pre merger business communities i.e. a person residing in Sikkim prior to 26th April 1975 be kept in abeyance until the matter and demands from the affected citizens to the various

forums as stated above is resolved. The community at large is waiting for its long pending demands made to the concerned authorities and final conclusion from there end is still awaited. It is also submitted that the issue here is not related to Income Tax but is demand for their legitimate rights and to safeguard their identity.

b) For successful implementation and acceptance of Indian Income tax amongst the post merger residents of Sikkim, the Sikkim Chamber of Commerce suggests that the same should be implemented from a prospective date i.e. 01/04/2013. In the meantime proper training and guidance be provided to them by creating a conducive atmosphere and by conducting seminars and camps to educate them.

We heartily appreciate the gesture of your esteemed department for conducting such a meeting with the public to identify their problems and grievances and we expect the same gesture in future as well.

Thanking you,

With warm regards,

(Ashok Sarda)

President

Sikkim Chamber of Commerce

SIKKIM OBSERVER  Saturday   Feb 16-22,  2013   

Nepal Maoist leader compares Prachanda with Sikkim’s LD Kazi

     Portrait of Sikkim’s former chief minister Lhendup Dorje Kazi hangs above Nepal Prime Minister Babulal Bhattarai and      

     Prachanda

Kathmandu, Feb 15: If Vice Chairman C.P. Gajurel of Nepal Communist Party-Maoist is to be believed then his revered former party boss Chairman Pushpa Kamal Dahal  (Prachanda) of Unified Maoists is pushing the nation to precipice with the sole objective eventually to handover the sanctity of mother Nepal to India.

He equated Nepal’s Pushpa Kamal to Sikkim’s Lendhup Dorje Kazi, telegraphnepal.com reported.

Dorje, under similar circumstances presently prevailing in Nepal, had conspired against his own motherland to finally handover the country of his birth to “expansionist India,” the report said.

“In the manner similar to Lendhup Dorje of Sikkim, leaders of Unified Maoists Party are surrendering themselves to the mercy of foreigners eventually to handover the sanctity of their country.”

Gajurel made this tantalizing remark while talking to his party cadres in Rolpa on Sunday.

SKM takes ‘Parivartan’ battle to districts

DAS supports SKM, demands Akshay’s suspension

                 PS Golay at Sikkim Krantikari Morcha’s launch in Singling, West Sikkim, on February 4, 2013.

Gangtok, Feb 15: Unperturbed by the brutal police lathicharge on party supporters that injured many the newly-formed Sikkim Krantikari Morcha (SKM) leaders swung into action and took the battle for ‘Parivartan’ to the districts.

Party offices were set up in remote Dzongu in North Sikkim, Jorethang in South Sikkim and Rongli in East Sikkim this week. SKM was formed in Singling in West Sikkim last week on February 4 under the leadership of rebel ruling party MLA PS Golay.

SKM got support from opposition parties which staged a day-long dharna in front of east district collectorate here yesterday. Democratic Alliance of Sikkim (DAS), a recently-formed platform of the Opposition, demanded immediate suspension of IGP (Law and Order) Akshay Sachdeva, who allegedly motivated police personnel to make the lathicharge here at the SKM central headquarters on Monday.

DAS has urged the State Government, Governor BP Singh and President Pranab Mukherjee to ensure that people’s confidence in the rule of law and democratic values are restored in Sikkim.

During its public meeting held in Singtam, South Sikkim, on Sunday DAS leaders urged SKM to join them to accelerate the movement for change in Sikkim.

Addressing the meeting, former chief minister and Sikkim PCC chief NB Bhandari said all Opposition parties need to unite to oppose Chamling’s misrule and form the government.

Breather for old settlers in Sikkim, SC stays recovery of income tax dues

New Delhi, Feb 15: The Supreme Court on Monday stayed the recovery of income tax dues from “old settlers of Indian origin” in Sikkim and sought the Union government’s response to a petition that challenged the collection of the central tax from them.

Last year, around 400 families in Sikkim refused to file income tax returns and demanded exemption that applies to those who have Sikkim Subject Certificates, The Telegraph reported.

The Chogyal had issued the Sikkim Subject Certificates (SSC) to people living in the state during 1961 under the Sikkim Subject Regulation Act of 1961. The 400 families, also known as “old settlers”, came to the State before 1975, when Sikkim merged with India, but they do not possess the certificates. The Centre had exempted SSC holders from paying income tax in 2008 after an amendment in the Finance Act by the Parliament based on the State’s request.

That year, Association of Old Settlers Of Sikkim filed a petition with a Rajya Sabha Committee saying it was discriminatory and violated Article 14 (equality before law) and 15 (prohibition against discrimination) of the Constitution.

Yesterday, senior counsel K.K. Venugopal and counsel Senthil Jagadeesan, who appeared for the Association of Old Settlers Of Sikkim, submitted that Clause 26 AAA of Section 10 of the Income Tax Act, 1961, was discriminatory and violated Articles 14 and 15 as 95 per cent of the State’s population that was exempted from paying tax “includes about 70 per cent people of Nepalese origin, and the entire exemption has come about to appease the electorate.” The remaining 5 per cent was to pay the taxes.

It was submitted that the demographic profile of Sikkim, according to the 2004 voters’ list, shows that Bhutia-Lepcha (STs) are about 20.64 per cent of the population, Nepalese constitute 69.71 per cent, Sherpas are 4.31 per cent and others make up 5.34 per cent (old settlers: 1.5 per cent and migrants: 3.84 per cent).

The petition said, discussions between Sikkim and the Union of India disclosed that SSC holders and those who became citizens in 1990-91 after the Sikkim Citizenship Amendment Order 1989 should be exempted for political reasons and to maintain ethnic peace in the state and SSC holders who had voted for the merger of Sikkim with India be rewarded by granting exemption.

“This is the reason for the differential classification whereby 95 per cent of the population in Sikkim is exempted from the Income Tax Act, 1961, while 5 per cent of the population including the old settlers of Indian origin are liable to be taxed,” a member of the association said.

Most old business community members in Gangtok have welcomed the apex court’s verdict. “We have been discriminated on the income tax issue. During the Chogyal era all Sikkimese, including the business community, came under the same tax law,” said A. Agarwal, a local businessman.

Dalai Lama to unveil Buddha statue in Sikkim next month

Gangtok, Feb 15: The Tibetan temporal head Dalai Lama will inaugurate a 135-feet tall statue of Buddha at Ravangla in south Sikkim on March 26.

His Holiness the Dalai Lama with former chief secretary TT Dorji at Mani Chokhor Ling Monastery at Buddha Park, in Ravangla, South Sikkim, on 19 December 2010.

 The Dalai Lame will also open a Buddha Park being built here.  Buddhist devotees from Southeast Asian countries have been flocking to Sikkim in recent years, after it has been added to the Buddhist tourist circuit.

Parts of the holy Buddha relics will be brought on this occasion from Southeast Asian countries, a state government official said.

Ravangla is a small tourist town in South Sikkim from where the mountain peaks of Kanchejunga, Pandim, Sinialchu and Kabru are clearly visible.

Ravangla has a sizeable Tibetan community, and the Ralang monastery of the Kagyu school of Tibetan Buddhism is located six km away from Ravangla.

The prayers for the Dzung ceremony will begin on February 21 at  a Ravangla monastery and the Dzung ceremony will be performed by His Eminence Goshir Gyaltshab Rinpoche on the final day at the Park on February 25.

Editorial

LEPCHA RIGHTS

Mamata Takes The Initiative

The West Bengal Cabinet on Tuesday gave its approval for the formation of a separate Lepcha Development Board for the welfare of the Lepcha community in Darjeeling. Members of Lepcha community ended their indefinite hunger strike in Kalimpong on Tuesday after the State Government reportedly issued a notification for setting up of the Lepcha development council named as Mayel Lyang Lepcha Development Board. Lepcha agitators in Kalimpong on Tuesday withdrew their indefinite hunger strike when North Bengal Development Minister Gautam Deb arrived in the hill town with a message from Mamata Banerjee that the Lepcha Development Board would be made functional at the earliest.

Only last week, during her visit to the hills, Chief Minister Mamata Banerjee had, after a meeting with the representatives of Lepchas in Kalimpong, announced her decision to set up such a board. She had said that she would make another such body for the Buddhists of the hills. The formation of a Lepcha development body had been a long-standing demand of the Lepchas who have been reduced to an insignificant minority in their ancestral homeland. The Lepchas have no territorial demand and want the Board to be formed to preserve the community’s culture and work for its general uplift.

The Kalimpong-based Lepcha Rights Movement (LRM), which began an indefinite hunger strike in Kalimpong on February 7 with 45 supporters, want the Board to be under the State Government instead of the Gorkha Territorial Administration (GTA). The Gorkha Janmukti Morcha (GJM) views the move to form the Board and to keep it under the State Government as a bid to divide the hill people. The new body will "undertake all necessary activities for the protection, promotion and safeguard of Lepcha language and culture." The Board will be formed under the Backward Class Welfare Department of the State Government, which will also nominate its chairperson and vice-chairperson. The office of the Board will be located in Kalimpong, where most of the Lepchas in Darjeeling live

Stones thrown on CM's motorcade, IGP Sachdeva’s suspension demanded

Police lathicharge Sikkim Krantikari Morcha (SKM) supporters in Gangtok on Monday. (pix: Himalaya Darpan)

Gangtok, Feb 12: Supporters of newly-formed Sikkim Krantikari Morcha (SKM) threw stones at Chief Minister Pawan Chamling's motorcade here on Monday leading  to a police lathi charge at the party headquarter and arrest of nine office bearers of the party, including its working president.

Bottles and stones were hurled at Chamling's convoy when it was passing the SKM head office at Daragaon area, the police said.

The policemen later began lathi charge in the SKM head office and several SKM workers were injured in the fracas, the sources said, PTI reported.

SKM Working President Bharati Sharma alleged that IGP (Law & Order) Akshay Sachdeva began the lathi charge 'without provocation'.

While six persons were arrested soon after the incident, Sharma and two others were arrested later.

Alleging that she was manhandled by the IGP and no women police were present, woman leader Kala Rai said, she would move the Women's Commission, Human Rights Commission and Union Home Ministry against the IGP.

The party also demanded a judicial inquiry into the lathi charge, a rare occurrence in Sikkim, and immediate suspension of the IGP.

The SKM was formed on February 4 by dissident SDF leaders led by rebel ruling party legislator PS Tamang. (also see page 6)

Red sandalwood trade to China through Indo-Nepal border

Siliguri, Feb 12: Recent seizure of huge volume of Red sandalwood from Siliguri adjoining Indo-Nepal border area has once again proved that the porous international border is a favoured route for international smugglers for their passage to China via Tibet.

Though medicinal usage of the endangered flora is considered as one the major purpose of the international grey trade chain, few other possible usages, not so 'healthy,' are now under the scanner of security and revenue agencies.

As the latest episode of the seizure, West Bengal Forest Department officials have confiscated a truck load of sandalwood on Tuesday from Teesta bridge – around 50 km from Siliguri.

"High frequency of seizures proves definite presence of the high value grey trade through this route," said Directorate of Revenue Intelligence officials. "To stop it, the buying chain must be understand and broken first," said officials in Sasastra Seema Bal (SSB), the agency that guards Indo-Nepal border.

According to Nepal security agencies, around 1900 metric ton of raw red sandalwood have been seized during the last 3 years in both sides of the border.

As estimated, purchased for Rs 400 per kg in India, it sells for Rs 1500-Rs 3000 in Khasa (Tibet). After illegal felling mainly in Andhra Pradesh in south India, consignments get routed to Nepal through porous border along UP, Bihar or West Bengal. From there, these get into China mainly through Tatopani on Arniko Highway in North Nepal, the largest Sino-Nepal trade point.

Editorial

HOPE IN SIKKIM

A Rebel Is Born

Rebel Sikkimese leader Prem Singh Tamang (Golay), who last week floated his own political party – Sikkim Krantikari Morcha (SKM) – to take on his mentor Chief Minister and ruling Sikkim Democratic Front chief Pawan Chamling, is presently the centre of attraction of all parties, including the Centre. Ever since he was voted to the Assembly for the fourth consecutive term in 2009 Chamling has not been at ease. Now that more than 10,000 people openly identified themselves with Golay during the launch of his party in his native village of Singling in West Sikkim Chamling will find it increasingly difficult to rule the State without being openly challenged on all fronts.

Golay has proved himself to be quite a successful rebel. When Chamling did not give him his home constituency of Chakung in West Sikkim to contest the Assembly polls Golay revolted and the Chief Minister was forced to retract. When most of his former colleagues failed to get party tickets for the 2009 Assembly polls Golay was given a ticket from Burtuk constituency in East Sikkim. It is said that he was sent to this constituency to lose but he won! There is, therefore, something in Golay that Chamling has failed to put down. Perhaps it is because of this that many people are pinning their hopes on him. Surprisingly, with all his “anti-party activities” Golay is still in the ruling party. In Sikkim, rebels get to dethrone the rulers and take their place.

Opp condemns Sikkim Police crackdown on SKM supporters

“Police lathicharge was an attack on democracy”

Gangtok, Feb 12: Police crackdown on leaders and supporters of the newly-formed Sikkim Krantikari Morcha (SKM) at its party office here on Monday has been strongly condemned by the Opposition.

The Congress party in the State termed the attack “ruthless and brutal” and said it reflected the “oppressive” rule of the present regime. The BJP said the police mercilessly beat up party workers at their party office. BJP chief Padam Chettri has threatened to take up the matter with the Union Home Minister and the State Governor.

While the Sikkim Liberation Party (SLP) said the incident was not only “deplorable” but “conmenable,” the Sikkim Himali Rajya Parishad (SHRP) said the lathi-charge was an attack on democracy. The Parishad has demanded judicial probe into the incident.

The SLP chief DN Nepal said the “barbaric police action” is a clear indication that constitutional provisions were violated by Sikkim Police.

The National Sikkimese Bhutia Organisation (NASBO) said Sikkim Police’s image has been “completely tarnished” and Febrruary 11 will “remain as black day in the history of Sikkim Police.”

The ruling Sikkim Democratic Front, however, defended the police action stating that attack on Chief Minister Pawan Chamling’s convoy by SKM supporters was an act of violence.

Police crackdown on SKM supporters followed pelting of stones and water bottles on the Chief Minister’s vehicle on Monday morning along the national highway.

Police arrested thirteen party workers, including the party’s Working President Bharati Sharma. Some party workers who were injured in the incident were hospitalised.

Breather for old settlers in Sikkim, SC stays recovery of income tax dues

New Delhi, Feb 12: The Supreme Court yesterday stayed the recovery of income tax dues from “old settlers of Indian origin” in Sikkim and sought the Union government’s response to a petition that challenged the collection of the central tax from them.

Last year, around 400 families in Sikkim refused to file income tax returns and demanded exemption that applies to those who have Sikkim Subject Certificates, The Telegraph reported.

The Chogyal had issued the Sikkim Subject Certificates (SSC) to people living in the state during 1961 under the Sikkim Subject Regulation Act of 1961. The 400 families, also known as “old settlers”, came to the State before 1975, when Sikkim merged with India, but they do not possess the certificates. The Centre had exempted SSC holders from paying income tax in 2008 after an amendment in the Finance Act by the Parliament based on the State’s request.

That year, Association of Old Settlers Of Sikkim filed a petition with a Rajya Sabha Committee saying it was discriminatory and violated Article 14 (equality before law) and 15 (prohibition against discrimination) of the Constitution.

Yesterday, senior counsel K.K. Venugopal and counsel Senthil Jagadeesan, who appeared for the Association of Old Settlers Of Sikkim, submitted that Clause 26 AAA of Section 10 of the Income Tax Act, 1961, was discriminatory and violated Articles 14 and 15 as 95 per cent of the State’s population that was exempted from paying tax “includes about 70 per cent people of Nepalese origin, and the entire exemption has come about to appease the electorate.” The remaining 5 per cent was to pay the taxes.

It was submitted that the demographic profile of Sikkim, according to the 2004 voters’ list, shows that Bhutia-Lepcha (STs) are about 20.64 per cent of the population, Nepalese constitute 69.71 per cent, Sherpas are 4.31 per cent and others make up 5.34 per cent (old settlers: 1.5 per cent and migrants: 3.84 per cent).

The petition said, discussions between Sikkim and the Union of India disclosed that SSC holders and those who became citizens in 1990-91 after the Sikkim Citizenship Amendment Order 1989 should be exempted for political reasons and to maintain ethnic peace in the state and SSC holders who had voted for the merger of Sikkim with India be rewarded by granting exemption.

“This is the reason for the differential classification whereby 95 per cent of the population in Sikkim is exempted from the Income Tax Act, 1961, while 5 per cent of the population including the old settlers of Indian origin are liable to be taxed,” a member of the association said.

Glacial lake outburst in Lachen valley ‘very high’

(left) The South Lhonak Glacier, which drains east from Lhonak Peak into Sikkim from the Nepal-Sikkim border, has developed a lake whose outburst probability is very high at 42% and peak discharge estimated at 586 m3/s.

Gangtok, Feb 12: A satellite-based study has indicated that a huge glacial lake has formed atop the Himalayas in Sikkim with a "very high" potential for it to burst and create devastation downstream.

Analysis of satellite data has revealed that the lake has formed at the snout of South Lhonak glacier that is about 7,000 meters high on the mountain Lachen, North Sikkim. The lake, bounded only by loose soil and debris, could cause havoc downstream if it ruptures, according to scientists at the National Remote Sensing Centre (NRSC) in Hyderabad, ANI reported.

In a report published in the latest issue of the journal Current Science, NRSC researchers Babu Govindha Raj and co-workers say the glacial lake is about 630 meters wide and 20 meters deep.

It covers an area of 98.7 hectares and contains 19.7 billion liters of water. A sudden outburst "can create devastating floods downstream," they warn, adding that the probability of this happening "is very high". They, however, note this is only their preliminary assessment and more field studies are required to confirm the hazardous potential of this high altitude lake.

Data from the American Landsat, CORONA and Terra satellites besides imageries from India's own Resourcesat-1 satellite were used to estimate the size of the shrinking Lhonak glacier and the growth of the glacial lake at different times between 1962 and 2008.

Based on this study the scientists estimate that the Lhonak glacier had receded 1.9 km between 1962 and 2008. The glacial lake that was initially a small body of water in 1962 grew in size with accumulation of melt water. The NRSC scientists say that the lake is still attached to the snout of the glacier but is expanding in area due to the glacier retreat.

"The rate of growth of the lake indicates possible developments of the hazard situation," the report says.

As Himalayan glaciers are retreating fast, it is necessary to make an inventory of glacial lakes and set up an early warning system for lake outburst floods in vulnerable areas, they say.