DARJEELING ISSUE SETTLED:MAMATA

HIMALAYAN GUARDIAN     Vol 1 No 19       Page1 June 8, 2011

We are happy with the talks: Giri

DARJEELING ISSUE SETTLED:MAMATA

“Tripartite meeting will be held in Darjeeling”

Kolkata, June 7: West Bengal Chief Minister Mamata Banerjee today said that the 15-year-old Darjeeling issue was "settled" but the GJM was mum on whether there was any decision on its original demand for a Gorkhaland state.

"Today is a historic day. Darjeeling matter has been settled today. I congratulate the people of Darjeeling for their long movement. I have also informed Union Home Minister P. Chidambaram that the Darjeeling matter has been solved and I have also told him that the agreement has been signed. It has been decided at the official level. Rest of the details will be given to you soon," said Banerjee, with GJM leaders, including its secretary general Roshan Giri by her side.

Asked about the 'magic formula' that clinched the agreement, Banerjee, who had earlier stated that she would solve the Darjeeling problem within three months, said, "It is our heart and good intention. The magic formula for reaching this agreement is development."

      "We will visit Darjeeling very soon. We want the tripartite meeting involving the central government, state government and people of Darjeeling (GJM) to be held in Darjeeling only. As soon as possible as we want to do the final agreement on the soil of Darjeeling only," she said.

Noting that Chief Secretary Samar Ghosh would announce details of the nitty gritties, she said, "I have asked him to talk to the Centre so that the agreement can be formalised at Darjeeling where I will be present."

"Today's meeting has resolved some matters regarding the issues such as territory of Dooars and Terai, reserved forest, issues of casual employees of DGHC (Darjeeling Gorkha Hill council). Overall we are happy," Giri told reporters.

However, GJM legislator and party spokesman Harka Bahadur Chhettri said his party has not gone back on its demand for Gorkhaland.

Today was the second day of the official-level talks in which Giri, four GJM MLAs, the chief secretary and Home Secretary G D Gautama, were present.

Jethmalani’s Kashmir Committee to come out with road map

L. Verma

Srinagar, June 7: Ram Jethmalani’s Kashmir Committee (KC) will prepare an extensive document about the solution of Kashmir issue which will be presented to governments of India and Pakistan besides the separatist and mainstream parties of Jammu and Kashmir.

Quoting sources, a local news agency said Jethmalani, former union minister and senior advocate considers solution of Kashmir issue as an important mission of his life and intends to come out with a solution acceptable to India, Pakistan and people of the State.

Continuing its meeting with people from different walks of life, the KC today met PCC chief Saif-u-Din Soz, Hurriyat Conference (M) leader Moulana Abbas Hussain Ansari, separatist leader Yasmina Raja, former vice chancellor of Islamic university Dr Sidiq Wahid and families of the arrested youth.

Jethmalani is also intending to get some sort of support to his mission from Pakistan. Prior to his visit to Kashmir, he had met the ruling and other parties’ leaders in Pakistan. To his plea that the Pakistani government must support his efforts, Jethmalani was told in Islamabad that his roads map can get support if it is as per the aspirations of Kashmiris.

He had recently stated that a mixture of Gen Pervez Musharraf’s four point formula, PDP’s self rule and National Conference’s autonomy proposal can lead to a peaceful and final settlement.

During their four day long stay in Valley, KC met separatist leaders including Syed Ali Shah Geelani, Mirwaiz Umar Farooq, and Shabir Ahmad Shah besides mainstream leaders. However, JKLF chairman Mohammad Yasin Malik refused to meet the committee on the grounds that its activities were against the interests of Kashmiris.

PCC chief told the delegation that UPA government at centre is very serious for a solution of Kashmir issue and that any move by union government would get support from the state government. He viewed that for peace in south Asia, and solution of Kashmir dialogue with Pakistan is imperative.

Talks begin on new hill council in Kolkata

Himalayan News Network

Kolkata, June 7: The Gorkha Janmukti Morcha and the West Bengal government on Monday took the first steps towards formation of a new hill council for Darjeeling, replacing the Darjeeling Gorkha Hill Council that had been formed in 1988. It is expected that a new council would pave the way for return of normality in the Hills.

A GJM delegation led by its general secretary Roshan Giri and including four MLAs of the party had a meeting with state government officials led by Chief Secretary Samar Ghosh and Home Secretary G D Gautama where the details about the formation of a new council were discussed. The meeting would continue on Tuesday to thrash out the the issues that needed to be settled before a council could be formed, the Times of India reported.

Giri said the talks focused on two main issues — the territorial jurisdiction of the proposed council and the transfer of the office of land (locally called "tauji") under the jurisdiction of the council. "Today's meeting was held under a cordial atmosphere. Our points are on the way to be solved," he said. The delegation raised seven points, he said. The GJM general secretary made it clear that while they were not giving up the Gorkhaland demand, they were not pressing the issue either.

GJM wanted inclusion of areas in the Terai and the Dooars, besides the three Hills subdivsions of Darjeeling, Kurseong and Kalimpong. If the discussion progresses satisfactorily, the formula worked out would be taken up in a tripartite discussion at the political level in which representatives of the Centre would also be present.

The state government would have to take into account the feelings of adivasis living in the Dooars and the Terai before a deal is concluded.

The GJM has been demanding the inclusion of those areas in the Terai and the Dooars where the Gorkhas are predominant within the jurisdiction of the new set-up. “The issue of territorial jurisdiction is the most important demand at this stage”, GJM general secretary, Roshan Giri told The Hindu after the meeting.

“We have already scaled down our demand on the territorial issue. Unlike earlier times when we had been demanding the entire Dooars and Terai areas be brought within the purview of any new body being considered for the region, what we are now looking at is the inclusion of 196 mouzas in the Dooars and 106 in Terai”, senior GJM leader, Harka Bahadur Chettri, said.

Chief Secretary Samar Ghosh and were among those present at the talks.

DARJEELING’S HERITAGE

Lt. Gen. George Llyod lived in ‘Mount Pleasant’

RAJENDRA BAID

Darjeeling long recognized as “Queen of the Himalayas” can also boast of a number of historical buildings, manifestations of the British Raj’s interest in this hill station.

In 1839 there were only ten huts and a hundred people in Darjeeling. But as the British realized its potential as an ideal summer retreat and health resort, things began to move fast. The Lt. General GA Lloyd recommended that a building project be undertaken to develop Darjeeling into a home away from home, complete with snow and mist.

Lord Napier of Royal Engineers laid out architectural plans and by 1843 Darjeeling flaunted thirty grand buildings. There was ‘Mount Pleasant’ the house of Lt General Llyod, ‘Bryan Stone’ where Sir Joseph Hooker lived, ‘Oak Lodge’, ‘Vernon Lodge’ etc. the Town Hall, which now hosts the present municipality of Darjeeling, was established in 1850.

The 19th century indeed saw hectic constructional and engineering activity in Darjeeling and some of the most beautiful heritage buildings date from that era. The Renaissance philosophy and Greek-Roman architectural designs dominated, skillfully adapted to local geographic and climatic conditions.

The public works department, formed in 1862, started constructing with new zeal. Among its best achievements were the Secretariat Building, Thorn Cottage, Raj Bhavan, Kutchery, Richmondhill, Rivershill, Old Kutchery Building, The Natural History Museum, Bloom Field Barrack, Eden Hospital Louis Jubilee Sanatorium, Dowhill and Victoria School.

Many of these buildings though recognized as heritage sites are still in use.

Take for example the Bengal Secretariat Building. It is easy to locate this three-storied building west of the Bandstand on the Chowk. It was erected in 1898 and houses the following offices: Ground floor – Offices of the chief secretary to the government, under secretary of political appointment departments and secretariat library. First Floor – offices of secretary of consulting architect to government and revenue department. Second Floor – offices of secretary and under secretary of financial and municipality department.

The Thorn Cottage, built in 1868, initially formed a meeting spot for the Planters Club. Later for a while it functioned as a PWD office. It now serves as staff quarters of various government departments.(The writer is Editor of Janpath Samachar, Siliguri)

Darjeeling looks back, remembers its founder

Himalayan News Network

Darjeeling, June 7: Darjeeling on Sunday paid homage to its discoverer Lt. Gen. George W. Aylmer Lloyd for the first time ever.

None in Darjeeling remembers any organisation or an individual ever paying homage to Lloyd till date. A group of school students and members of the civil society paid homage to Lloyd on his 146th death anniversary, The Telegraph reported.

Ajay Tamang, one of the organisers of the event, said: “We had forgotten the person who discovered the place. Despite Lloyd being buried in Darjeeling, few here have cared about this gentleman. This is an effort to safeguard our history.”

Historically, Darjeeling belonged to the Sikkim king, whose area had extended till eastern Nepal. The British sent two officers, Captain Lloyd and J.W. Grant, commercial resident of Malda, to broker peace between Nepal and Sikkim in 1828.

Captain Lloyd arrived near Ghoom, also known as the Old Gurkha Station, and immensely liked Darjeeling. The British East India Company gave him the responsibility to negotiate a lease of the area with the Chogyal of Sikkim. The deed of grant giving possession of the hills of Darjeeling to the East India Company was signed on February 1, 1835.

In 1841, the East India Company granted the Sikkim monarchy an allowance of Rs 3,000 as compensation and raised the amount to Rs 6,000 in 1846. While Lloyd continued to stay in Darjeeling, Arthur Campbell was given charge to establish a sanatorium and develop the area. Campbell, the first administrator of Darjeeling under British rule, also introduced tea to the hills.

The British in 1861 annexed Darjeeling after the Sikkimese people objected to British intervention in their country.

Lloyd died here at the age of 76 in 1865 and his body was laid to rest near the old cemetery along 18, Lebong Cart Road. Although the site was declared “to be of national importance” by the ASI (Calcutta circle) under the Ancient Monuments and Archaeological Sites and Remains Acts, 1958, due attention has never been given to the place.

“We would want Lloyd’s burial site to be converted into a tourist spot and more attention should be paid to make it attractive. The entire cemetery should be well persevered,” said Udayan Rai, another person who came to pay homage to Lloyd.

BHAICHUNG BHUTIA

RETURN OF THE NATIVE

Coming home to spread the sunshine

Bhaichung Bhutia has returned to his roots at 34, after 18 years on the road, to develop football in his own backyard in the foothills of the Himalayas.

Dubai: Indian football icon Bhaichung Bhutia has pledged his future to his newly founded home-town team United Sikkim with the news that he will never feature in any other club colours, an interview with the-aiff.com has confirmed.

The "Sikkimese Sniper" has returned to his roots at 34, after 18 years on the road, to develop football in his own backyard in the foothills of the Himalayas, with part-ownership of the division two minnows, Gulf News reported.

With an illustrious career which jettisoned him from his simple beginnings in Gangtok, Bhutia has paid fond adieu to his days representing East Bengal, JCT Mills, Mohun Bagan and English League Two side Bury, with this latest statement. But in the same breathe he stresses he hasn't retired from the national team.

"My playing career is committed solely to United Sikkim. I'll never play for any other Indian club. I'm getting offers but I will not move out anymore. Even if USFC doesn't qualify for next season's I-League, I won't change my mind," said Bhutia.

On his national ambitions for India, with whom he has a record 109 caps, Bhutia added: "I'm yet to reach peak fitness. The injuries have been troubling me. I will wait for some time and see how my body responds. I haven't retired as yet. Wearing the National Jersey is something I have always relished and I'm up to the challenge."

Asked what prompted his launch of USFC, Bhutia added: "The game needs to spread. Let's not forget India is a vast country and football has a huge fan following. But there are certain parts which haven't had representation as far as the I-League is concerned. I thought we should have a local team from Sikkim which should serve as a role model to others."

Tenzin Yangkyi is Miss Tibet 2011

Himalayan News Network

Dharamsala, June 7: Tenzin Yangkyi (19) was crowned as Miss Tibet-2011 on late Sunday evening here on the 10^th anniversary of the beauty pageant.  Yangkyi, a student from Zurich in Switzerland, has just completed her class-10. She was the youngest among the six competitors.

“In my opinion, Miss Tibet can help the Tibetan issue in a great many ways. Being Miss Tibet means representing Tibet, and the name itself only gets the attention of the media. The media is the ultimate way to raise Tibet's voice to the world. Specially, Miss Tibet can help raise awareness of the Tibetan issue within the youngsters,” said Yankyi.

She added, "Winning the title of Miss Tibet would draw the attention of the international media and I could use the platform thus given to highlight the freedom issue by creating more awareness about the cause."

Yangkyi, who can speak fluently in Tibetan, German and English, is interested in fashion, acting and modeling. She wants to make modeling her career.

Unlike other beauty pageants where winners get huge cash awards besides modelling assignments, the winners of the Miss Tibet contest would hardly get anything in comparison. Having gone through the anguish of forced migration and of living in exile, it was the sheer determination of raising the Tibet issue on the international platform which made these six girls enter the contest.

One of the contestants, Ngodup Dolma, a nurse working in Australia said she escaped from Tibet when she was 8. She passed through the Himalayas on foot. Recalling her escape Dolma said, "My sister and I accompanied by 25 other monks used to take shelter under rocks during the day and we walked only at night." She said time has come for Tibetan women to make their voice stronger and speak for Tibet's cause through such events.

Another participant, Tenzin Khecheo from Minnesota, US, a college student said that elders from the exiled community are opposed to the idea of holding beauty pageants but they are still participating for the cause of their motherland.

The three other contestants are Chemi Lhazom (Delhi), Tenzin Sangmo (Dharamsala) and Dolma Tsering (Bangalore).

The 3 rounds of contest that includes a swimwear round on June 3, talent round on June 4 and finale night on June 5.

When the first ever Miss Tibet pageant was held here in 2002 it instantly became a hit with media from all over converging on this north Indian hill town to get the ‘interesting’ story.

Only 32 girls have competed for the crown since it was first started in 2002 by Lobsang who drew criticism from some sections within the Tibetan society including the Tibetan prime minister Samdhong Rinpoche who said the pageant was ‘un-Tibetan’ and ‘against Buddhist principles’.

"We want to convey the message to the community that beauty pageants are not going to ruin our traditional culture but such events are the need of the hour for highlighting the issue," she said.

INDEFINITE FAST FROM JUNE 4

SIKKIM OBSERVER   Vol 20 No 14 Page 1  June 4 2011

INDEFINITE FAST FROM JUNE 4

Ramadev all set to lead nationwide anti-corruption campaign

Observer News Service

New Delhi, June 3: Pulling out all stops to convince Baba Ramdev not to go ahead with his proposed fast from June 4 to demand an end to corruption and black money, senior ministers are meeting him again even as the yoga guru stood his ground. On Tuesday, the government took the unusual step of deputing four senior ministers — Pranab Mukherjee, Kapil Sibal, PK Bansal and Subodh Kant Sahay — as well as cabinet secretary KM Chandrashekhar to talk to Ramdev at the Delhi airport on his arrival from Ujjain in a chartered plane.

The gesture went beyond the niceties accorded to visiting heads of state and Prime Minister Manmohan Singh reportedly asked Sahay to cut short his foreign trip and use his personal equation with Ramdev to urge him to call off his agitation which, the government fears, could slip into the BJP-RSS’s hands.

Although Ramdev is still planning to go ahead with his fast, sources hinted that the talks were moving in the right direction, with the government assuring him that it is taking a series of steps to unearth unaccounted wealth, which have started yielding results.

There were, however, discordant voices within the Congress over the developments. “Fasts cannot end corruption in the country,” said party general secretary Digvijaya Singh. Other party leaders, who were not willing to be quoted, appeared unhappy with the government’s overdrive to placate the yoga guru.

Ramdev, who earlier in the day did a volte-face on his statement that the Prime Minister and the Chief Justice of India should be kept out of the Lokpal’s purview, also told reporters his first round of talks with the government was positive and the dialogue would continue.

"But we will not be satisfied with dialogue or assurances. There should be evidence of bringing back black money from tax havens,” Ramdev said after meeting the ministers.

"Till there is 100% agreement on all issues and a decisive stage is reached, the fast will go on,” Ramdev added. “It is a big war. We have to change the system of 64 years. It is not an easy task. But we will get it done.”

Meanwhile, a 2.5 lakh square metre waterproof marquee has been erected, massive cut-outs of Baba Ramdev have been put in place, and thousands of his followers have reached the site. Ramlila ground -- the venue for the yoga guru's proposed hunger strike -- is bustling with activity even before the fast begins on June 4.

The yoga guru says his fast is to protest against the illegal funnelling of wealth abroad by Indians for tax avoidance.

The move follows April's hunger strike by activist Anna Hazare demanding tough anti-corruption laws.

Anna Hazare ended a 96-hour hunger strike, known as the "fast unto death", after the government agreed to all of his demands and forced the government to change the way its new anti-corruption law was being drawn up.

"India's money stashed abroad should be declared the wealth of the nation. And the act of stashing away illegally-got money in foreign banks should be declared a crime against the state," Baba Ramdev told Tehelka magazine in a recent interview.

"The nation's wealth stashed in foreign banks should be brought back by India which should sign on to the UN convention against corruption."

Dalai Lama hands over power to elected leaders

Observer News Service

Dharamsala, June 3: Nearly three months after he pledged to give up political leadership of the Tibetans, the Dalai Lama has formally devolved powers to the new elected leaders of the Tibetan exiles.

But the 75-year-old Nobel Prize winner said he would stay committed to the cause of Tibet — and also remain the Tibetans’ spiritual head.

A Tibetan official said the Dalai Lama on Sunday approved the amendments the Tibetan parliament had made in the Tibetan charter, IANS reported.

“Now Dalai Lama’s administrative and political powers are vested with the democratically elected leaders,” spokesman Tenzin Norbu said.

The Dalai Lama vested the Central Tibetan Administration (CTA) and its elected leadership with the powers and responsibilities formerly held by him and the CTA.

It was on May 10 that the Dalai Lama, the global face of the Tibetan exile movement, shocked many by announcing that he would hand over power to the elected leadership.

According to the amended charter, the powers earlier vested with the Dalai Lama, who fled to India in 1959, as head of the executive have been delegated to the Kalon Tripa or the Tibetan prime minister.

Other responsibilities have been given to parliament and the judiciary.

Parliament has also approved that the title of “Tibetan government-in-exile” be changed to “Tibetan administration.”

Under the new charter, the Dalai Lama’s duties will include providing advice and encouragement with respect to the protection and promotion of the physical, spiritual, ethical and cultural well being of the Tibetan people. He will also remain engaged in the efforts to reach a satisfactory solution to the Tibetan issue.

D N Nepal’s Shangrila Times faces discrimination

Sikkim Liberation Party leader may seek political asylum

Observer News Service

Gangtok, June 3: Duk Nath Nepal, Convenor of the newly-formed Sikkim Liberation Party (SLP), has hinted that he may seek asylum if his fundamental constitutional rights are further deprived by the State Government.

Though what prompted him to resort to this likely step stems from the “unconstitutional” and discriminatory manner in which his Nepali daily, Shangrila Times, was suddenly deprived of government advertisements recently, Nepal has been facing suppression of various forms in the State in the past two decades.

In a letter to State Chief Secretary NDChingapa, Nepal has given a detailed story of how his democratic and constitutional rights have been curtailed in Sikkim by the government.

Nepal was not only “illegally” locked up in jail for 25 days and subsequently taken to “the court barefooted and produced before the judge in handcuff like a hardcore criminal” during the Bhandari regime in 1991 for writing the truth in one of his publications, even during the present Chamling rule he has been faced several instances of economic suppression.

After spending several years in different political parties, including Congress, BJP and CPIM, Nepal finally got down to his chosen profession – journalism – which he has been neglecting while being a political activist. In 2006, he took a bank loan and started his Nepali daily, Shangrila Times.

In his letter he mentions that though his paper has been empanelled with the Information and Public Relations Department (IPR) for receiving government advertisements his paper has been unjustly discriminated against. This has caused a lot of financial constraint as he not only has to pay salaries to his 16 employees but also bank loans.

Unfortunately from Jan 2011 the IPR “without any information and reason… cur-

tailed my rights to get advertisements illegally and unconstitutionally,” Nepal has stated in the letter.

These developments have led Nepal to seriously think of leaving the State and seeking asylum elsewhere.

“In my 46 years of life I never got a single second where I enjoyed the fruit of

democracy promised to my forefather’s by the union of India. It is serious concern that as the head of the state if you are not in a position to protect the fundamental and civil rights of its citizens enshrined by the constitution, I am ready to say a quit and leave the state.”

  In his letter to the Prime Minister and Union Home Minister, Nepal has alleged that if his basic and fundamental rights are not protected by the government he is ready to seek political asylum elsewhere.

Quoting the Universal Declaration Act of 1951, Nepal said Article 14 of the Universal Declaration of Human Rights stated that "Everyone has the right to seek and to enjoy in other countries asylum from persecution."

SC reserves verdict on Dinakaran after marathon hearing

Observer News Service

New Delhi, June 3: The Supreme Court on Wednesday reserved its verdict on Sikkim high court Chief Justice P.D. Dinakaran’s petition questioning the impeachment inquiry committee’s decision to “broaden” the ambit of investigation beyond the impeachment motion notice against him.

After a marathon hearing stretching several days on several important questions relating to the role of judges, their appointment and removal procedures as laid down in the Constitution and the Judges Inquiry Act, a bench of Justices G.S. Singhvi and C.K. Prasad reserved the judgment.

Two senior advocates — B.P. Patil and Amarendra Sharan — appearing for Justice Dinakaran, took serious objection to Tuesday’s intervention by government law officer P.P. Malhotra in the case and defending the inquiry panel’s order to investigate the matter further.

While explaining that the impeachment motion was an issue between Parliament and the judge under probe, Sharan asked where was the need for the Centre to intervene when the matter was still before the inquiry committee.

Rejecting the contention that the committee was empowered to conduct a preliminary probe before the framing of charges, Patil said having regard to the scheme of the Judges (Inquiry) Act, definite charges could be framed only on the basis of the charges contained in the motion.

He pointed out that the committee could not add or substitute any material for the framing of charges as it had no jurisdiction to do so.

In the present case, it was admitted that enquiry was conducted prior to the framing of charges by taking evidence.

Additional solicitor-general P.P. Malhotra on Tuesday had justified the order of the three-member inquiry committee, headed by Supreme Court Justice Aftab Alam, framing 14 charges against Justice Dinakaran while the impeachment motion notice issued to him contained only 12 charges.

Gurung & Co hold talks with central leaders before June 6 meet in Kolkata

Observer News Service

New Delhi, June 3: Union Ministers, Pranab Mukherjee and P. Chidambaram, have asked the Gorkha Janmukti Morcha leadership to work with West Bengal Chief Minister Mamata Banerjee to find an amicable solution to the hills problem.

Morcha delegation led by its chief Bimal Gurung met Mukherjee and Chidambaram yesterday to hold talks with the Centre before its meeting with officials of the West Bengal Government on June 6.

The meeting with central leaders was crucial to elicit their views before the June 6 meet, Morcha leaders said.

Resumption of the tripartite meeting would now depend on the outcome of the meeting in Kolkata next week.

Gurung was accompanied by Morcha General Secretary Roshan Gurung, the three newly-elected members of the party in the Assembly – Harka Bahadur Chhetri, Trilok Dewan and Rohit Sharma – and study forum members – L B Pariyar and P. Arjun.

WWF to organize two-day conservation drive in Lachen, Gurudongmar

P. Rai

Gangtok, June 3: WWF-India will hold a two-day environment conservation drive in Lachen in north Sikkim on June 4 and 5 as part of its annual World Environment Day celebrations.

The garbage cleaning drive in Lachen on June 4 will be followed by a second drive at the famous Gurudongmar lake further north, located at an altitude of about 17,000 feet above sea level.

This project will be a part of the High Altitude Wetlands Conservation Project in Sikkim of the WWF in India.

The drive will be carried out by WWF-India Khangchendzonga Landscape Programme in association with Lachen Tourism Development Committee.

The Lachen Dzomsa (Assembly of the People), members of the local community along with school students will take part in the two-day programme, informed sources said.

WWF-India has been working towards biodiversity conservation through participation of the local communities in the State for more than ten years.

One of its main priorities has been the conservation of myriad high altitude wetlands in the State, fragile environments providing multiple benefits, including water security, refuge for wildlife and tourist attractions.

Following a successful conservation model in Tsomgo in east Sikkim with conservation issues monitored by the Pokhari Sanrakshan Samity, focus has also been given to Lake Gurudongmar, one of the highest lakes in the world and a major tourist destination and pilgrimage centre in Sikkim.

 Conservation plans have been worked out in collaboration with local governance institutions like the Lachen Dzumsa, organizations like the Lachen Tourism Development Committee to ensure effective protection to the fragile high altitude environment of the lake while continuing sustainable tourism practices.

 It is hoped that these drives will generate major awareness regarding sustainable management of waste in two of the major tourist attractions in the State where huge number of both domestic and international tourists arrive each year. 

Editorial

ACTIVIST VS ESTABLISHMENT

India Against Corruption

The meeting between ministers and civil society leaders on the Lokpal Bill ended on May 31 on a bitter note, with activists accusing the government of not being serious about fighting corruption. In its website (India Against Corruption) civil society members of the joint drafting committee of the Bill said the government's intentions were suspect and people should be prepared to taking to the streets. Noted yoga guru Baba Ramadev, who supports a strong Bill to check corruption, is all set to lead a countrywide anti-corruption rally on June 4.

Anti-corruption crusader Arvind Kejriwal has rightly and very sternly pointed out to representatives of the government in the drafting panel that it was unacceptable that the government now wanted the prime minister, judiciary, MPs as well as officers below the rank of joint secretaries out of the purview of the proposed Lokpal.

Kejriwal wanted to know – most citizens of the country also want to know – if this official proposal enjoyed the backing of Prime Minister Manmohan Singh. Meanwhile, Prime Minister Manmohan Singh has written to Baba Ramdev asking him not to go ahead with his hunger strike from June 4, promising to find with him "pragmatic" solution to tackle the scourge of corruption. However, Ramdev made it cear that he was not calling off his agitation plan till all the demands were met. Social activist Anna Hazare has claimed that conspiracies were being hatched against Lok Pal bill to curb graft and urged people to be ready to agitate to save the proposed legislation.

The Congress-led UPA Government at the Centre needs to sit up and take note of the people’s readiness to take to the streets to agitate against corruption in high places. The fight against corruption is not going to be a 100 metre dash but a never ending marathon.

We will fight against corruption together, Hazare tells Ramadev

Observer News Service

New Delhi, June 3: Noted social activist Anna Hazare on Thursday decided to associate himself with Baba Ramdev's hunger strike with a warning to the yoga guru that he should not be swayed by the overtures made by the government saying it plays "fraud" by first agreeing to demands and then backing out.

Hazare, who rattled the government in April through his fast for a stronger Lokpal that generated widespread nationwide support, said all those fighting against corruption should not be satisfied with the oral assurances of the government.

Hazare said he would join Ramdev at Ramlila Maidan in Delhi, where he is to sit on a fast-unto-death protest, on Sunday, emphasising that there was no divide in the civil society on the issue of corruption.

"I will support Ramdev so that the government does not do what it did when we were fighting. We will fight together against corruption," he said.

Referring to the question of bringing Prime Minister under the purview of Lokpal, which Hazare claimed the government had agreed to earlier but now disfavours.

Claiming that the government has "cheated" activists on the issue of Lokpal and people have realised the "betrayal" by the government, Hazare said, "it is a fraud if the government agrees on certain issues and say the Prime Minister will be accountable under Lokpal and later backs out."

"Baba Ramdev has been raising the issue of black money from so many days. Why did the government not think of doing something on the issue? People have now come to know what the intentions of the government are.

"Now no more hollow assurances and oral promises. What we want is action and the fight against corruption will continue throughout the country till we get what we want," he said.

TIBET-CHINA DIALOGUE - I

The Demand for Genuine Autonomy for Tibet

The statement of Lodi Gyaltsen Gyari, Special Envoy of His Holiness the Dalai Lama, on the present status of dialogue between the Tibetan spiritual leader the Dalai Lama and the Chinese government delivered at the Institute of South Asian Studies, Singapore, November 24, 2010.

I would like to thank the Institute of South Asian Studies (ISAS) for providing this opportunity to share my thoughts on the status of our discussions with the Chinese government in finding a political solution to the issue of Tibet and the possible way forward.

Today, our talks with the Chinese leadership have reached a stage where, for the first time after decades of being in and out of contact, we have been able to convey to them in an unambiguous manner the position of His Holiness the Dalai Lama in seeking a solution within the framework of the People’s Republic of China (PRC), and the steps that need to be taken to resolve the Tibetan problem. Although we are yet to see any concrete outcome leading to a solution, our talks have certainly enabled the two sides to have a better understanding of each other’s position and concerns.

In order to put our dialogue process with the Chinese leadership in context, I would like to explain its historical development. Broadly, we can categorize the dialogue process into three phases since the process began in 1979:

Initial Contact (1979 – 1985)

The first phase started with the establishment of contact in 1979, when the then Chinese leader, Mr. Deng Xiaoping, conveyed a message to His Holiness the Dalai Lama (through Mr. Gyalo Thondup, his elder brother) that except for the issue of Tibetan independence, all other issues could be discussed and resolved.

Subsequently, two high level Tibetan delegations were sent to Beijing for exploratory talks in 1982 and 1984 respectively. I was a member of both the delegations. We had wide-ranging discussions with the Chinese leadership. One of the issues that we had clarified then was the fact that the Tibetan problem is not about the future and personal wellbeing of His Holiness the Dalai Lama, but that it is about the welfare of the six million Tibetans.

Simultaneously, four fact-finding delegations were sent by His Holiness to study the conditions in different parts of Tibet from 1979 to 1985.

During this phase of the dialogue process, the Tibetan delegations met with senior Chinese leaders, including Mr. Deng Xiaoping and other politburo members.

Tibetan Initiatives and Developments in Tibet (1985 – 1993)

The second phase of our dialogue process occurred between 1985 and 1993. There were infrequent visits by emissaries of His Holiness the Dalai Lama to China during this period.

As an effort to encourage the beginning of serious talks on the issue of Tibet, in September 1987 His Holiness presented his Five-Point Peace Plan, his vision for a way forward on Tibet, in an address to the US Congressional Human Rights Caucus in Washington D.C. Thereafter, in June 1988, His Holiness elaborated on the fifth point (calling for earnest negotiations on Tibet) of his Five-Point Peace Plan, in an address at the European Parliament in Strasbourg. The essential characteristics of this proposal were that Tibetans would enjoy self-governance in their internal affairs, with Beijing maintaining overall responsibility in matters of foreign affairs and defence.

Thereafter, the Chinese government publicly agreed to meet His Holiness’ representatives to discuss issues any time at a venue of his choice. His Holiness responded positively and immediately to this indicating his sincerity and determination to engage in dialogue. He appointed a negotiation team and proposed that the talks be held in Geneva.  Unfortunately, Beijing responded negatively to this by raising procedural issues, despite clarifications from the Tibetan side. His Holiness’ subsequent proposal for our two sides to meet in Hong Kong in April of that year was also rejected.

September 1987 saw the beginning of a series of massive demonstrations by Tibetans in Tibet expressing their grievances against Chinese policies. The PRC authorities resorted to brutal crackdown on the Tibetans, imprisoning hundreds and declaring martial law in Tibet in 1989. The Chinese Government’s attitude spoiled the atmosphere for the dialogue process during this period.

Meanwhile, as an indication of the international community’s recognition of his peaceful efforts, His Holiness the Dalai Lama was awarded the Nobel Peace Prize in 1989. China responded negatively to this honoring of His Holiness.

Eventually, contacts between our two sides broke off in August 1993.

Re-establishment of the dialogue process (2002 onwards)

After several years of intense and active informal and behind the scene contacts, our two sides agreed to resume formal direct contact and the first round in this process took place in September 2002. This process can be categorized as the third phase. This phase has become more institutionalized with meetings being more business like. Since 2002, nine rounds of talks and one informal session have been held. The most recent round, the Ninth Round, took place in January 2010. I have been leading the Tibetan side in all these deliberations.

During these rounds we have been able to present and clarify His Holiness the Dalai Lama’s position on the future of Tibet. Our talks eventually developed to a stage where we formally presented a Memorandum on Genuine Autonomy for the Tibetan People during the Eighth Round in November 2008.

Our Memorandum puts forth our position on genuine autonomy and how the specific needs of the Tibetan nationality for autonomy and self- government can be met through application of the principles on autonomy of the Constitution of the People’s Republic of China, as we understand them. It outlined 11 basic needs of the Tibetan people, which are provided for in the PRC’s Constitution and Law on Regional National Autonomy.

Since the Chinese leadership had several concerns relating to the Memorandum, which they rejected as being unconstitutional, we presented a Note to the Memorandum during the Ninth Round in January this year. This Note addressed the concerns and offered some constructive suggestions for a way forward in our dialogue process. The Note was also intended to prevent misinterpretation and misconception by the general public about His Holiness’ position.

We emphasized that His Holiness the Dalai Lama’s sole concern is the wellbeing of the Tibetan people. His Holiness has never raised any issue relating to his personal wellbeing or the welfare of the people around him. Our position is that most of the Tibetan people are being severely marginalized and that they do not enjoy satisfactory religious, political, economic, language and cultural, and social rights. The widespread peaceful demonstrations throughout Tibet, starting from March 10, 2008, once again clearly indicated the people’s dissatisfaction with the Chinese policies. Majority of these peaceful demonstrations took place outside of the Tibet Autonomous Region (TAR). Just last month, from October 19, there were series of peaceful rallies against the proposed replacement of Tibetan language by Chinese as the medium of instruction in schools. This is but the latest indication of Tibetan grievances.

The Chinese Government, however, contends that the Tibetan people are in a happy and satisfactory situation, and that there is no Tibetan issue.

In the light of these two differing perspectives, we suggested that there be a study by the two sides to determine the conditions of the Tibetan people. The Tibetan people should have the opportunity to participate in this study without fear or suspicion. If the outcome of this study is that most of the Tibetans feel there is no problem and their present situation is satisfactory, this is what His Holiness the Dalai Lama is calling for. But if the outcome confirms that most of the Tibetan people are not in a satisfactory situation, the Chinese government then needs to recognize that there is a problem and, in the spirit of seeking truth from facts, our two sides need to discuss and find a solution.

Also, during the informal session in Shenzhen in May 2008, we rejected the Chinese charge that His Holiness the Dalai Lama and the Tibetan leadership in exile have instigated the demonstrations throughout the Tibetan areas since March 10, 2008.

Since we find that the same allegations are being repeated, we asked the Chinese Government to clarify and invited it to undertake a thorough scientific investigation, in Tibet as well as in the Tibetan community in exile, into the veracity of their charge. We stated our readiness to extend every support to such an investigation.

Some Important Issues Raised by the Chinese Side

During our most recent round, the Chinese side provided us with a detailed briefing on developments relating to Tibet, particularly on the Fifth Tibet Work Forum, held from January 18 to 20, 2010. They said the Forum decided to further improve the livelihood of Tibetans in the Tibet Autonomous Region and all Tibetan areas, specifically in public services, such as education, medical services, and environmental protection. Based on the initial reports that we had of the Forum, we welcomed the decision to improve the lives of the Tibetan people, especially in rural areas.

We especially welcomed the fact that the Fifth Tibet Work Forum has looked into the issues of development in all Tibetan areas –The Tibet Autonomous Region as well as other Tibetan areas. It is our strong belief that all the Tibetan areas must be under a uniform policy and a single administration. If we take away the political slogans, many of the issues that have been prioritized by the Forum are similar to the basic needs of the Tibetan people outlined in our Memorandum. However, recent indications are that instead of having a positive uniform policy for all Tibetan areas, there is effort to extend the stringent measurements already in place in the Tibet Autonomous Region to all other Tibetan areas. This is a counterproductive measure and the Chinese authorities need to realize this.(to be continued)

HIMALAYAN GUARDIAN     Vol 1 No 19       Page 1             May 31, 2011

Imperial India wanted Tibet a buffer State

SONAM WANGDI

The plight of Tibet and the flight of the Dalai Lama have been attributed to either deliberate or inadvertent lack of foresight in Independent India’s Himalayan policy, which had replaced Imperial India’s time-tested strategy before 1947. The main policy of Imperial India was to maintain Tibet as a buffer State between China and the Indian empire and to keep off the Russians from Tibet and also to gain access to the vast Chinese market.

The British, being an alien power, wanted to ensure that there was absolute peace on the frontier by surrounding its Indian [Burma, now Myanmar, was a part of India till 1935] possessions by a series of buffer States on the western, northern and north-eastern borders. Thus Iran and Afghanistan in the west were under its sphere of influence; Tibet, Nepal, Sikkim and Bhutan provided the inner and outer bulwark between China and India; Siam or Thailand was the bumper between the British and French empires in the east.

Britain had no problem defending India against any naval attack since she was the strongest naval power in the world and the Indian ocean was considered a British lake where no power dared to enter and disturb the Indian Empire. Imperial India, however, was not sure of the loyalty of its Indian subjects who could rise in revolt again as in 1857; and an imperial power cannot hold on to its possession if the imperial army has to fight on the border and also to help the Police simultaneously in quelling internal rebellions.

The British empire wanted a virtually independent Tibet, not because of its love for the Tibetans but because it did not want China on its threshold. A quarrelsome and powerful neighbour is a perpetual headache. Before the Younghusband mission, despite repeated attempts from the British-Indian Government to open up Tibet, she kept aloof on the ground that the British “were harbouring ulterior designs on their country and their religion.” But the British policy in India was to annex only those territories which were fertile and rich in mineral resources and leave the rest under the largely autonomous Princely States which were in their largest number in the semi-desert areas of Rajputana, now Rajasthan.

Both Tibet and Mongolia had their inner and outer territories. During the Manchu empire, both Tibet and Mongolia with their inner and outer areas were part of China. After the collapse of the Manchu dynasty in 1911, Tibet and Mongolia were said to have signed a treaty in January, 1913 at the Mongolian capital, Urga. If the Tibetans had played their cards right, with the assistance from the wily British, the Outer Tibet, with Lhasa, would have been certainly a sovereign country in the same way as the Outer Mongolia, called Mongolia, is today. Mongolia is closer than Tibet is to the Chinese capital. With the help of the Soviet Union, the Mongolian People’s Republic was proclaimed in 1924. Inner Mongolia is a part of China. (The writer is former Chief Secretary of Sikkim)

DALAI LAMA FORMALLY GIVES UP POLITICAL POWERS

Spiritual leader to remain ‘symbol’ of Tibet & Tibetans

Himalayan News Network

Dharamsala, May 31: The Dalai Lama has formally relinquished his political powers "in a historic move" but will remain the “symbol” of Tibet and Tibetan unity.

"It is a very historic moment. He will still be the religious leader and the symbol of Tibetan unity, but he has formally devolved his political role," the Buddhist monk's spokesman, Tempa Tsering, said on Monday.

In his last political act, the 75 -year-old Tibetan spiritual leader signed an amendment to the Tibetan constitution, turning over his powers to Prime Minister-in-exile, Lobsang Sangay. Tibetan officials say the Dalai Lama will spend more time promoting human rights and interfaith cooperation

Tibetan exiles elected a Harvard scholar, Lobsang Sangay, 43, in April as their new prime minister to assume the political duties of the globe-trotting spiritual icon.

Tsering said the Dalai Lama on Sunday has formally given up his role as the political head of the Tibetan government-in-exile, but will remain Tibetan spiritual leader.

The Tibetan spiritual leader's other responsibilities will be divided among the speaker, deputy speaker, the justice commission and other democratically elected leaders, Tsering added.

Under the amended Article 1, His Holiness the Dalai Lama is the “Protector and Symbol of Tibet and Tibetan People”.

The Parliament also gave approval of the change in the title of the Tibetan government-in-exile to ‘Tibetan Administration'.

 The announcement followed deliberations over three days, May 26-28, during which the Tibetan parliament approved the new preamble and rights and responsibilities for the Dalai Lama under Article 1 of the Charter.

The Dalai Lama announced in March that he would relinquish his political powers in favor of an elected head of government.

The newly elected members took oath of office here on Monday. Sangay will take charge from outgoing PM Samdhong Rinpoche on August 15.

JUNE 6 MEET BEFORE TRIPARTITE TALKS

Hope in hills after Mamata-Gurung meet

“We want good things to happen to Darjeeling”

Himalayan News Network

Kolkata, May 31: West Bengal Chief Minister Mamata Banerjee said the State Government will hold discussions with Gorkha Janamukti Morcha (GJM) on June 6 on the Darjeeling issue to chart out a roadmap for future course of action.

Briefing mediapersons after her meeting with GJM supremo Bimal Gurung here on Monday, Mamata said, "It has been decided that discussions on the Darjeeling issue will start between GJM and state government officers on June 6. And after that meeting, they will decide from the discussion as to when the political process can be started."

This was the first official meeting between Banerjee and Gurung after she took over the reins of the State following her Trinamool Congress's landslide victory in the Assembly elections.

The Morcha leadership has put its demand for a separate Gorkhaland State on the backburner and agreed to resume the tripartite talks.

Gurung, along with his colleagues, called on the Chief Minister here on Monday when it was decided that talks would be held at the official level with the State administration on June 6 as a prelude to the next round of tripartite discussions at the political level for, as the Chief Minister put it, “a speedy solution” to the impasse in hills.

"We all love Darjeeling. It is very much a part of West Bengal and will continue to remain so," Banerjee announced after an hour-long meeting with Gurung.

"We want a solution as soon as possible. If there is a political vision, things work out according to plan. We want good things to happen to Darjeeling and the State," the Chief Minister said.

Gurung said he was happy with the outcome of the meeting which he described as “good and cordial.” He sees a “ray of hope after 34 years” of Left Front rule in West Bengal.

Gurung agreed to Mamata's suggestion that the CID should investigate into the Sibchu police firing on February 8 in which three GJM supporters were killed.

Besides Gurung, GJM general secretary Roshan Giri and the four party MLAs were present in the meeting.

Activists in favour of separate Himalayan policy

Himalayan News Network

Dehra Dun, May 31:  In an effort to give impetus to the overall growth of the Himalayan region, social activists in Uttarakhand have called for a separate policy keeping in mind the needs of the biodiversity rich region.

"Discussions have already started for formulating a separate policy in sectors like agriculture, fishery, horticulture and animal husbandry," head of HESCO, a Dehradun-based NGO, Anil P Joshi said, PTI reported.

"We are involving leading NGOs, central institutions and experts in this endeavor," he said.

The main concern of the new policy will be to fulfill the requirements of the hills where land holdings are small, soil erosion is rampant, biodiversity is rich and climate change is seen as a big factor, Joshi said.

Factors like haphazard growth, water shortage, rapid migration, unemployment will also be taken into account, he said.

A series of workshops and discussions involving the Indian Council of Agriculture Research (ICAR) and its various organisations are being planned in this regard, Joshi said.

Sunderlal Bahuguna, leader of the Chipko movement and a recipient of Padma Vibhushan, has also supported the idea of a separate policy saying big dams like Tehri were causing destruction to the rich biodiversity of the region.

"Our main concern is that through the new Himalayan policy we will be able to protect our forests and vast biodiversity of the region," Bahuguna said.

Editorial

NEPAL CRISIS

Top Priority: New Constitution

That Nepal managed to avert another constitutional crisis is not something new. The world and the Nepalese in particular are gradually getting used to Nepali lawmakers devious attempts hang on to power irrespective of the enormous damage done to the country’s image at home and abroad. The last moment decision of Prime Minister Jhalanath Khanal to resign has paved way for a consensus based government, democratization of the Nepal Army and implementation of past deals made with Madhesi parties. These are some of the contentious issues that the legislators have to deal with during the three months given to them to frame the new constitution.

    Once a Hindu kingdom, Nepal still seems to be struggling to usher in a more stable democracy where all citizens have equal rights and equal opportunities. While the administration is in shambles the Nepalese are still a long way towards the goal of reaching a measure of economic success. The Constituent Assembly, elected in 2008 with a mandate to draft a constitution within two years, has not been able to do its job due to differences among major parties in the country. The unresolved issues of integrating the Maoists fighters into the Nepal army and giving more political space to the growing Madhesi clout in national politics will surely continue to cause more obstacles to the Parliament, whose life-span is now only three months. A country that wishes to embrace democracy must be ready with a give and take attitude. Otherwise the turmoil will go on leading to either President’s rule or army takeover.

Darjeeling Gold Cup football tourney to be revived this autumn

C. Tamang

Darjeeling, May 31: The likely revival of Gold Cup football tournament in Darjeeling has been okayed by the new Sports Minister, Madan Mitra, who announced his plans after a meeting with officials of the All India Football Federation in Kolkata on Saturday.

Mitra met Federation’s General Secretary Kushal Das and Vice-President Subrata Gutta at the Salt Lake Stadium and discussed over the issue.

With a view to reviving the tournament in the hills, Mitra said, “We want to encourage the youth of the region to take sports seriously.”

In the good old days when football festival in the hills of Darjeeling was in full bloom in the 60s and 70s hundreds and thousands of fans thronged the North Point ground to witness Herlihy Cup and Malla Shield football tournaments. When these tournaments faded into the background it was the Gold Cup tournament that enthralled football fans in the hills.

But the Gold Cup, too, died a natural death as agitational politics became the main preoccupation of hill people.

That the Mamata Government is reviving the Gold Cup this autumn is good news to all football lovers in the region.

Justice Dinkaran case likely to be sent to Constitution Bench: SC

New Delhi, May 31: The Supreme Court on Friday hinted at referring to a Constitution Bench the Sikkim High Court Chief Justice P.D. Dinakaran’s petition challenging the impeachment process adopted against him.

“We are thinking why not the matter be referred to a Constitution Bench,” a vacation bench of Justices G.S. Singhvi and C.K. Prasad said at the fag end of the day’s hearing, PTI reported.

The Bench’s remarks came after counsel Basava Prabhu Patil and Romy Chacko, appearing for Justice Dinakaran, argued the Constitution Bench in Justice Ramaswamy case did not decide the question whether a Parliament-appointed panel can travel beyond the jurisdiction of the impeachment motion.

Justice Dinakaran’s counsel also submitted no third party should be allowed to implead in the matter as it amounted to scrutinising the conduct of even the committee.

In an apparent reference to media reports and statements, the counsel submitted a “parallel inquiry” was being conducted against the judge even before his case was decided.

“When there is a public debate of a judge’s conduct, it becomes difficult for the judge to function,” Patil submitted.

He argued the judge unfortunately stood condemned even before his innocence or otherwise was established by the inquiry committee.

The counsel repeatedly said the Rajya Sabha-appointed panel had exceed its jurisdiction by framing 14 charges on the basis of fresh complaints whereas there were only 12 charges at the time when the motion was introduced in Parliament.

It was argued that the committee should restrict itself to the original 12 charges instead of inviting further complaints from various persons, which was not permissible under the law, the counsel argued.

Justice Dinakaran had also sought recusal of senior advocate P.P. Rao on the ground that he was allegedly biased against him as he was part of a delegation which had met the then Chief Justice K.G. Balarkrishnan to oppose his elevation to the Supreme Court.

The Supreme Court said a judge has to behave in an ''exemplary'' manner both within and outside the court, as any aberrations would undermine the institution.

 “A judge in court has a personality and his conduct has to be exemplary in all respects. Any aberration would make him liable. Any deviation would dilute the dignity of the institution and office,” the court said.

The court is likely to hear the submission by various parties, including Lalit on behalf of the inquiry panel, Additional Solicitor General P P Malhotra and advocate Prashant Bhushan next Tuesday.

SCALING EVEREST

Woman on top, twice in two weeks creates controversy

RP Sharma

Kathmandu, May 31: Arunachal Pradesh’s Anshu Jamsenpa is not only the second woman to scale Mount Everest, the world’s highest peak; she did the job twice in less than two weeks.

However, her success has been mired in bureaucratic red tapism as she has been accused of “illegally” climbing the summit (8,848 metres) a second time.

"There is a controversy about Jamsenpa's Everest ascents," said Laxman Bhattarai, spokesman at Nepal's tourism and civil aviation ministry.

"She applied for a permit to us to climb Mount Everest once and paid the required royalty of $25,000. However, she then summited the peak a second time without taking a permit first or paying the licence fee again."

Bhattari said “an illegal climb” would not be recognized in Nepal.

However, the mother of two from Bomdila was optimistic that the red tape problem would be resolved amicably.

"I first summited Mount Everest on May 12," Jamsenpa said. "Then I decided on the spur of the moment to try once more and was told that there would be a weather window on May 21, allowing climbers to attempt the summit. There was little time to complete all the formalities before that and so, I thought I would climb first and then sort out things."

Kerala High Court orders CBI probe into Rs 80,000 cr lottery scam

SIKKIM OBSERVER   Vol 20 No 14 Page 1 May 28 2011

Kerala High Court orders CBI probe into Rs 80,000 cr lottery scam 

Lottery agents in Sikkim, Bhutan involved

Observer News Service

Kochi, May 27: The Kerala High Court on Tuesday approved a probe by the Central Bureau of Investigation (CBI) into the multi-billion rupee lottery scam in the State.

Chief Minister Oommen Chandy said his government would extend all help to the federal agency to probe into the scam.

There are allegations against agents of Bhutan and Sikkim lotteries that they siphoned off Rs.80,000 crore in the last four years by violating tax laws and diverting unclaimed prize money.

Former chief minister V.S. Achuthanandan was keen on a probe but his cabinet colleague and former finance minister Thomas Issac opposed it.

Isaac accused the Congress-led central government of reluctance to transfer the powers to states to ban lotteries.

Reacting to the High Court verdict, Issac while welcoming the probe said that one thing that should be included in the probe is the reason why the central government all this while was not keen on it.

“It must be recalled that in 2005 a public interest litigation demanding a CBI probe in the case had come up but the then chief minister Oommen Chandy (of the Congress) sat on that and saw to it that it never happened,” said Issac.

Achuthanandan had written to Prime Minister Manmohan Singh and Home Minister P Chidambaram demanding a CBI probe. The Home Minister, however, asked him to register a case, issue a notification and follow the procedure, according to sources.

However, the Congress Party had accused Achuthanandan of going soft on the ‘lottery mafia’ under the influence of his son V A Arun Kumar.

State Congress President Ramesh Chennithala told reporters in Delhi that his party welcomed the decision on CBI probe since it will bring out the truth behind the lottery muddle.

Mamata likely to meet Gurung on Monday

“We love Darjeeling and its people”

Observer News Service

Kolkata, May 26: Chief Minister Mamata Banerjee is likely meet Gorkha Janmukti Morcha President Bimal Gurung on Monday.

“Bimal Gurung has spoken to me over the phone. He will come to meet me on Monday,” said Mamata after her meeting with the delegation led by Morcha general secretary Roshan Giri.

Giri and three Morcha MLAs, Harka Bahadur Chhetri, Trilok Dewan and Rohit Sharma, met the Chief Minister here yesterday. Though the meeting was described as a “courtesy call” by Morcha leaders the delegation submitted three demands to the Chief Minister which included the release of Gorkha leader Chhatre Subba who has been languishing in jail for alleged attempt on GNLF chief Subash Ghising on February 10, 2001.

“We love Darjeeling and its people. We want a solution to the ongoing problems in the hills and the Jungle Mahal at the earliest. Today’s meeting, however, was a courtesy call,” said the chief minister, adding: “I have asked the chief secretary (Samar Ghosh) to set up a date for talks with the Morcha.”

Meanwhile, the Morcha leadership is keeping the statehood issue alive while giving enough time to the Mamata Government to solve the  problems faced by the people in Darjeeling hills.

Editorial

“TOTAL REVOLUTION”

And The Present Reality

Chief Minister Pawan Chamling’s historic 36-day date with the people of Sikkim has evoked mixed reactions. While it is high time that the Chief Minister acquaints himself with the ground reality at the grassroots level, particularly when there is a wide gap between the haves and have-nots, criticisms are pouring in from all corners of the State on the futility of embarking on such a journey whose outcome is predictable: “nothing will happen.” Ever since he came to power 17 years ago Chamling has often complained about the slow pace of work in the administration. He wants to move fast but the bureaucratic red-tapism has been a big stumbling block. At times the Chief Minister has complained – and rightly so – about the lack of will and directionless of his own legislators and Cabinet colleagues who fail to share his dreams of a better tomorrow for all Sikkimese.

Chamling came to power promising ‘total revolution’ and change in the system of governance. The mandate given to Chamling’s Sikkim Democratic Front in 1994 was for restoration of freedom, democracy, rule of law and eradication of corruption. In the past 17 years the people have witnessed mushrooming of local newspapers and yet how many of them are really free and independent. People’s participation in the democratic process has not made much progress and restoration of the rule of law is still a distant dream in a State where sycophants have thrived leaving the honest, competent and credible persons on the sidelines.

For fear of incurring the wrath of the powers-that-be no one will tell Chamling the real, hard, and bitter truth. And as Chamling moves around from village to village, district to district to re-discover his Sikkim with an open mind and sincere heart he should be reminded of what he once said in his book (published in 1992) of poems, Perennial Dreams And My Reality, : “Amid the pompous projects – And blue prints of progress – I see no safeguard, no security – For Common people’s rights.” The Chief Minister, who was then (1992) a member of NB Bhandari’s Cabinet, gives this conclusion in his poem: “No, all plans and projects – Schemed by the powers that be – Reflect cynical disregard – For the suffering millions – And for their agonies and woes. In the inmost core of my heart – I feel these tantalizing projects, Full of sound and fury, Are devised to serve the vested interests, And hoodwink the bleeding masses.”  Chamling alone cannot and must not be blamed for the reality that we see around us; we are all responsible for the death of our dreams.

NHRC likely to be downgraded by UN

“India desperately needs an effective, independent, transparent, and accountable national human rights institution”

Observer News Service

New Delhi, May 27: The National Human Rights Commission (NHRC), currently holding a status of participant (A status), is likely to be downgraded to the position of an observer (B status) when its accreditation renewal comes up for consideration before the United Nations (UN).

There are various reasons for this, including the corruption charges raised against Chairman, K.G. Balakrishnan, former Chief Justice of India. Other reasons that are expected to go against the NHRC include lack of (a) diversity in its composition, (b) transparency in its appointment process and (c) autonomy in having its own staff for monitoring and investigating human rights cases, Bar & Bench news network reported.

The Asian NGOs Network on National Human Rights Institution (ANNI) in its report on the Performance and Establishment of National Human Rights Institutions in Asia suggests that “India desperately needs an effective, independent, victim-sensitive, transparent, and accountable national human rights institution (NHRI) capable of providing effective leadership to the other 158 statutory human rights institutions in the country”.

The appointment of K.G. Balakrishnan as the Chairman of NHRC was widely criticized. The criticism stemmed from the numerous controversies surrounding K.G. Balakrishnan including blocking the prosecution of former Justice Nirmal Yadav, attempting to exempt the office of the Chief Justice of India from the purview of the Right to Information Act and delaying action against Justice P.D. Dinakaran even after the Parliament had initiated an impeachment motion against him, the report said.

Another aspect that will go against the NHRC is the lack of diversity in its composition. Members to the NHRC are usually appointed from the judiciary and the bureaucracy. Arguably, the NHRC should provide due representation to women members, persons with disability and civil society representatives.

The NHRC also lacks the resources necessary to run an effective, powerful institution that can protect and promote the human rights of over 1 billion people. The budget for 2010-2011 has been reduced. From Rs. 24.10 crore ($ 5.1 Million) to Rs. 18 crore ($3.8 Million). In other words, the Government of India has allocated a mere Rs. 0.158 ($ 0.003) per person per year, towards the protection and promotion of human rights.

The ANNI report points out that approximately 450 million people in India live below the poverty line while 46 percent of children in India are still under-nourished, double that of Sub-Saharan Africa. The report concludes by saying that NHRC has failed desperately to take the lead in the national discourse of human rights.

Complaints against ex-CJI made public by PMO

Observer News Service                                                                      

New Delhi, May 27: The Prime Minister's Office has made public the large number of complaints received by it, including those from two MPs and veteran jurist VR Krishna Iyer, demanding removal of the former Chief Justice of India KG Balakrishnan from the post of NHRC chief on charges of corruption.

 During the first five months of this year, at least 15 complaints filed against Justice Balakrishnan have been received by the PMO, according to a RTI reply given to Delhi-based activist, Subhash Chandra Agrawal.

The complaints have been sent to the department of justice, the specialised arm of the law ministry which deals with all issues related to the judges, the PMO stated in the reply.

Iyer, a former Supreme Court judge, in a strongly worded letter to the Prime Minister in February, slammed Justice Balakrishnan, calling him "unparalleled in the judicial world."

The 96 year-old Iyer wrote: "Inspite of the fact that worst has been said about the highest judicial office occupied ignominiously by Balakrishnan, who not only is said to have amassed a corrupt fortune, he is neither resigning from NHRC no agreeing for a probe."

This followed a letter from Janata Dal (United) Lok Sabha MP, Jainarayan Prasad Nishad on March 14 to the PM on corruption in judiciary. "To our great shock, Justice KG Balakrishnan was allegedly caught involved in multiple judicial scams..."

Nishad's complaint also names two sitting SC judges, whom he alleged "have connived with Justice Balakrishnan in different matters."

A letter by BJP Rajya Sabha MP from Gujarat, Purshottam Rupala, written to law minister M Veerappa Moily has also been forwarded to the PMO. Rupala has referred to "rampant corruption in higher judiciary," which according to him peaked during Justice Balakrishnan tenure as the CJI.

An organisation of lawyers and former judges — Campaign for Judicial Accountability and Reform, in a detailed complaint to the PM, cited six grounds seeking Justice Balakrishnan's removal from the NHRC post.