SIKKIM OBSERVER Sept 3-9, 2011
Chamling likely to table ‘Black Bill’ again after seeking mass support
Observer News Service
Gangtok, Sept 2: Less than three days after the controversial ‘Black Bill’, which sought to curtail protest rallies in the State, Chief Minister and ruling Sikkim Democratic Front President Pawan Chamling threatened to re-introduce the Bill in the State Legislative Assembly.
Referring to the Bill’s withdrawal, Chamling said he wanted the people to “debate” over the provisions of the Bills as the Opposition “misled and misinformed” the people regarding the good intentions of the Bill.
While addressing the House on Tuesday, Chamling said the objective of the Sikkim Prevention and Control of Disturbance of Public Order Bill, which was abruptly withdrawn in the Assembly on August 26 after it was tabled on August 11, was to make the State free from drugs, religious violence and waving of black flags.
He said the proposed Bill was not against provisions of the constitution (Art 19) that guaranteed freedom of speech and expression.
Meanwhile, the SDF is believed to be distributing pamphlets to the people in a bid to educating them on the provisions of the Bill, which, it said, wanted communal harmony, peace and tranquility in the State.
Sikkim MPs for strong Lokpal Bill
Gangtok, Sept 2: Both Sikkim MPs have supported enactment of a strong Lokpal Bill which would bring government officials under its purview.
In a statement in Lok Sabha, ruling party MP PD Rai he was in favour of a “very strong and robust” Lokpal Bill that would help to preserve “probity in public life.”
“We are for the enactment of a very strong and robust Lok Pal Bill. All the good points of all the proposed bills that have come before the Government should be incorporated,” Rai said in the Lok Sabha while participating in the debate in the House recently.
Sikkim’s Rajya Sabha MP OT Lepcha, who also belongs to the ruling Sikkim Democratic Front (SDF), extended his full support to a strong Lokpal Bill.
The two MPs said “bringing the lower bureaucracy within its ambit is important and we fully agree. The officials of the Central Government can be brought under the Lok Pal.”
“I would like to state that my party will continue to work toward making of nation that believes in democratic principles, probity in public life and continuous improvement in the way public goods and services are delivered to the aam aadmi,” the two MPs said in their respective Houses.
SDF is a divided house: Nepal
By A Staff Reporter
Gangtok, Sept 2: The Sikkim Democratic Front (SDF) President Pawan Chamling’s failure to act firmly against its erring legislator, PS Tamang (Golay), for anti-party activities have sent a confusing signal to party workers and supporters of the ruling party.
Stating that Golay had “openly supported” the August 24 rally in the capital, organized by the Nagarik Adhikar Suraksha Sangathan (NASS), Sikkim Liberation Party (SLP) Convenor Duk Nath Nepal also pointed out that people are becoming the worst sufferers because of division within the ruling party.
“The vertical crack between Chamling and Goley affecting the party and the government is leading to the suffering of the Sikkimese people,” Nepal said in a statement.
Because of this “the ruling SDF is gradually losing its grip over the party and its workers.” Nepal said. “The division right from the government office to Panchayat level between Chamling and Goley has reached such a level that the common people have become the ultimate sufferers.”
Nepal pointed out that the party which is in power for the fourth consecutive term is now disintegrating. The SLP leader’s comments comes subsequent to resignation and expulsion of several party workers, including former Lok Sabha MP, Nakul Rai.
While NASS President TN Dhakal refuses to acknowledge Golay’s influence in his organization it is now an open secret that most influential members of the Dhakal-led non-political organization are loyal to the SDF rebel leader.
SNPP to probe financial dealings of Siliguri daily
My party is intact, says Adhikari
Gangtok, Sept 2: While stating that the Sikkim National People’s Party (SNPP) is intact and is not on the “verge of a split” as alleged in a Siliguri-based Nepali daily, party President Biraj Adhikari said his party is against “unscrupulous business houses”
and a section of the media in the State which are against the interests of bonafide Sikkimese.
During its meeting held here this week, SNPP decided to form a committee to probe into “financial dealings of the corporate owners of the newspaper” to find out “whether they are connected to the mafia of companies which are exploiting and sucking the natural resources of Sikkim.”
“The party in a preliminary investigation, has indeed determined that the said paper “Himalaya Darpan” has been promoted by an industrial house in Siliguri and this house has been investing large sums of money in Sikkim and have acquired some immovable assets in the recent past,” Adhikari said.
Referring to a report carried in Himali Darpan, Adhikari said the report gave the impression that because “the majority of the party refused” to join the anti-corruption and anti-Black Bill protest rally in the capital on August 24 it was termed as a “sell out”, which would lead to “split” in the party, Adhikari said in a press statement.
Adhikari admitted that he had met ruling party MLA Ugyen Gyatso in a shop at Daragaon in Tadong but this had nothing to do with the reported “sell out” to the ruling party as alleged in the media report.
Adhikari said, “Why is a newspaper from Siliguri trying to show the people of Sikkim that talking to any other MLA of SDF, other than one, is a crime?”
BHUTIA BODY WRITES TO CHOGYAL WANGCHUK NAMGYAL
“Come back, bless and guide us”
Jigme N Kazi
Gangtok, Sept 2: A vocal non-political organization of Sikkimese Bhutias have urged the 13th Chogyal of Sikkim, Wangchuk Namgyal, a Bhutia, to return to the Palace and resume his duties as dharmaraj (religious ruler) of the former Buddhist kingdom.
Ever since his father’s (Chogyal Palden Thondup Namgyal) death in 1982, Namgyal has been undergoing spiritual retreats in Sikkim, Nepal and Bhutia. Most of the time he stays away from Sikkim.
As a result of his absence from the State many religious festivals, particularly the Pang Lhabsol festival, worship of Sikkim’s Guardian Deities who reside on Mt. Khangchendzonga, are virtually non-existent in the capital today.
The National Sikkimese Bhutia Organisation (NASBO) has now urged the Chogyal to come back and “guide and bless the Sikkimese people.”
In a letter to the Chogyal, NASBO President Sonam Kaleon has requested him to “revive, bless and guide the annual” Pang Lhabsol celebrations which usually falls in the months of August-September.
“The people of Sikkim would be the first one to share all the responsibilities required for such revival in a befitting, dedicated and determined manner,” Kaleon said in the letter.
Though the Chogyal has been living outside the State, NASBO is aware and appreciative of his continued dharma activities in Sikkim, which include “spiritual, academic or physical” developments in the State.
The Chogyal belongs to the Namgyal dynasty which ruled Sikkim for over three centuries from 1642 until its takeover by India, its protecting power, in 1975.
The ancestors of the Namgyal dynasty, namely Khye Bumsa, struck an eternal bond of blood brotherhood with Lepcha chief Thekongtek at Kabi Longtsok near Gangtok in the 13th century, which finally led to coronation of Chogyal Phuntsog Namgyal four hundreds years later at Yuksam, west Sikkim, in 1642. It is said the guardian deities of Sikkim, including Khangchendzonga witnessed the pact signed in blood between the Bhutia and Lepcha chiefs.
Chador Namgyal, the third Chogyal of Sikkim, introduced the "pangtoed" dance and dedicated it to Kanchenjunga. This unique dance is also performed during Pang Lhabsol celebrations.
The lotus-born Guru Rinpoche (Lord Padmasambhava), originally from Swat Valley in Pakistan who visited Sikkim in the 8th century, is believed to have visited and blessed Sikkim and bound the local deities on oath to protect the land and its people. Therefore, Pang Lhabsol festival has a special religious and historical significance to Sikkim and Sikkimese people.
INDIA BANDH!
Is It A Necessary Evil?
Among the most serious of the evils to be encountered in India today apart from corruption are the strikes or bandhs as they are called in India by organized bodies of workmen or by common gullible public at the behest of governments, politicians and vested interest groups. That strikes are great evils, is universally accepted. Some people affirm that they are unmitigated evils; some think that however mischievous, they are not preventable; while others affirm that they are necessary as preventing even greater calamities! If used for appropriate and apt reasons then it is justified. However, in some parts of India such as Andhra Pradesh and West Bengal it seems that general strikes called by politicians are a great nuisance to the public at large.
In many countries strikes are banned or modified e.g in France a law "on social dialogue and continuity of public service” was adopted in August 2007 and took effect in January 2008. In the USA, The Railway Labor Act bans strikes by United States airline and railroad employees except in narrowly defined circumstances. The Mamata Government’s recent call to take a second look on bandhs in West Bengal should be given serious thought by all concerned. Ten persons calling a bandh or calling road blockades cannot and should not be allowed to hold 10 lakh to ransom. In today’s world, particularly with a variety of tools for free expression, eg google and twitter, there is no need to call bandhs and force the general public to suffer. There ought to be designated protest spaces, big and small, for people to ventilate their grievances without disturbing public life.
TEACHERS’ DAY: You Truly Are My Wealth
As he completes twenty five years of dedicated service in the teaching profession, former teacher of Sikkim’s prestigious Tashi Namgyal Academy (TNA), Leonard Lefevre, who now teaches at Padma Choeling School in Gangtok, says students are the teachers’ greatest reward.
LEONARD LEFEVRE
On the mantelpiece at home is a plaque presented by the North Point School Alumni to my mother, thanking her for her many years of dedicated teaching service at St. Joseph’s School, North Point, Darjeeling. The words inscribed below the school crest say with great simplicity “We are your Wealth”. As I complete twenty five in the teaching service the words take on a special meaning to me.
My mind goes back to the year it all began in 1987. I was a green horn fresh out of college, ‘still wet behind the ears’, but I guess I took to teaching like a duck takes to water. I did, however, enjoy an unfair advantage on two counts. First, I had the “Lefevre teaching gene” encoded in my DNA! Mum and Dad had taught generations of North Pointers and my elder brother Andre is Headmaster of the Junior School at N.P. Second, I had the support and guidance of Principals with great vision that reposed great faith and belief in me.
I remember bumping into my Zoology Professor in N.P. College soon after I started working at TNA. On hearing that I was teaching Biology in Grades 8, 9 and 10 she almost had an epileptic fit and when she had recovered sufficiently she looked imploringly towards the Heavens and exclaimed, “God help your kids!!” I guess God has been putting in a lot of “Overtime” for the last twenty-five years! And I must thank Almighty God for the many opportunities He has provided me with to reach out to the young people of the region and guiding and protecting me in my work. Back in College I remember writing a short piece for the “North Pointer” magazine entitled ‘Heaven Watches Over Fools Like Me’.
Now I know for sure that it’s true. In the year 1977 our Religious Knowledge teacher Brother Jim Mara s.j. wrote the words “Hammer Stoutly, Pray Devoutly” on the blackboard of Class 7.I remember trying to figure out their meaning. Today I know not just the meaning of the words but the importance of working hard and having unshakeable faith in God.
In April of 1994 God called Dad to be by His side. I still remember one of the letters Dad had written me when I started teaching in TNA. He mentioned two fundamental truths of the teaching profession: “A teacher will always be a learner” and “Teaching does not offer great financial rewards but it can make you very rich”. No truer words have ever been spoken. Every day, every lesson provides an opportunity to learn something new. I have learnt so much from my Principals, my colleagues and mainly from my students that I will never be able to repay the debt I owe them. When I left T.N.A in 2006 I left my students with a long Litany of “I have learnts…” The list has only got longer as the years have rolled by. The rewards that teaching brings are mainly in the form of “intangibles”. Intangibles may not put food on the table but they sure can warm the “cockles of the heart” and sure can “lift you in one breath towards heaven”, and they can make you very rich. And part of that richness and wealth comes from the knowledge that one’s students are doing well in life.
As I stroll down the new look M.G. Marg in Gangtok I bump into so many of my old students. We always stop to chat and catch up on old times and remember students of bygone days. I feel extremely blessed and proud to have been a part of their lives. Just to look at a few examples:-Baichung Bhutia – The talisman and captain extraordinaire of the India Soccer Team, and a host of avid footballers who have qualified for and are playing soccer for various clubs in India. Most recently a kid who I looked after in Mangan who is on his way to play a tournament hosted by Arsenal at the Emirates Stadium in London: Karma Lendup – The Chief designer of an electronics giant of South Korea and other alumni of NID who are working independently or helping the Govt. of Sikkim in their own quiet way: Dawa Tshering Lepcha – The film maker whose documentary was placed fourth in the World Film Festival in London this year and a lot of “cartoon characters in school” who are now animation designers: Karma Samten Paljor perhaps the most recognizable face of CNN-IBN and recipient of the best T.V. Journalist award in India last year. Rajeev Chettri who has held top executive posts at Adidas and Nokia. Sanjog Prakash Raya – The architect who designed Mayfair Resorts, Gangtok and a truckload of architects whose work dot the entire landscape of Sikkim and beyond: engineers, doctors, nurses, bank managers and bankers, businessmen, hoteliers, lecturers, professors, civil servants, politicians, police officers, forest officials, environmentalists, veterinary doctors, lawyers, artists, the owner of a ‘one of a kind book shop’, business entrepreneurs, fashion designers, dancers who are the best in the state of Sikkim, radio jockeys, rock musicians (just heard that Girish Pradhan has won the best vocalist award in India), sound engineers and more recently even teachers.
In fact one of them came up to me the other day and declared proudly ‘Sir I wanna be a teacher like you!” I think I had one my “Zoology Professor moments” and before I could recover he went on, “Sir I even carry my guitar to class!!” Not surprising, since he was a big G’n’R fan in school. I’m sure his kids love him! Why and even a Rinpoche! In fact I should have had him at the head of the list but I am sure “Agya” wont mind!! And what is most heartening to learn is that they are are making a mark for themselves not just in Sikkim but are spread all across India and the globe!\
I would like to believe that I have a hand or a foot or maybe just a finger (never mind which one!) in their success.
I also pause to remember those students who who are no longer with us like Nigel Cashmore, Steve Lepcha, Mahendra Karki, Rup Singh Lachenpa, all extremely successful sportsmen who had enthralled us on the sports field, and have left behind a lot of fond memories.
To all my Students whom I have had the privilege to teach at Tashi Namgyal Academy, St. Joseph’s North Point, North Sikkim Academy, Mangan and my students of Padma Odzer Choeling, Chongey Tar I may not ever get an opportunity to thank you and tell you this personally but I am extremely proud of you and you are extremely precious to me and you truly are my wealth.
Gorkhaland Bill, WB renaming on Sept 2
GJM objects to draft Bill, says spirit of GTA lost
Observer News Service
Calcutta, Sept 2: The Mamata Banerjee government will table in the Assembly the all-party resolution on renaming West Bengal on September 2, the last day of the ongoing monsoon session.
“After the official resolution on renaming West Bengal as Paschimbanga is passed in the Assembly, it will be sent to Parliament,” Speaker Biman Banerjee said.
Both Houses of Parliament will have to approve the resolution before it is sent to the Union home ministry, which will take the final call.
On August 20, Mamata had chaired an all-party meeting in which a consensus was reached on the renaming.
MLAs of both the ruling party and the Opposition said there was “no scope for disagreement” on the official resolution.
The government will also table the Gorkhaland Territorial Administration (GTA) Bill 2011, on Friday, said Trinamul’s Sobhandeb Chattopadhyay, the Assembly chief whip.
The GJM leadership, including the four MLAs, GJM general secretary Roshan Giri and chairman of GJM study forum L B Pariyar, on Wednesday held an urgent meeting with Chief Secretary Samar Ghosh and Commerce and Industry Minister Partha Chatterjee and demanded immediate amendment to the Bill before it is placed before the Assembly on September 2.
According to GJM sources, the Bill has mentioned the new autonomous adminstrative body as Gorkha Territorial Administrative Sabha, while in the agreement it was mentioned as Gorkha Territorial Administration.
Giri said: “We have to fight for the administrative and financial powers, which were omitted in the draft Bill. Moreover, the word “sabha” has repetitively come up in the draft in place of the administrative body.”
The power of the autonomy and the self governance has also been curtailed and the draft does not mention for the security of the ethnic identity, added the source.
Harka Bahadur Chhtrei, GJM MLA, said: “The spirit of the memorandum is lost in the GTA draft bill. There are major omission of such clauses, which will not allow the autonomy to function in the area. If this Bill is passed in the Assembly, the autonomous body — GTA — will lose its existence. We have requested the government to consider an amendment to the Bill.”
Chhatre Subba verdict on Sept 9
Observer News Service
Jalpaiguri, Sept 2: The verdict in a case of murder attempt on Gorkha National Liberation Front leader Subash Ghisingh, in which the prime accused is Chhatre Subba, could not be delivered on Tuesday because of a computer that refused to function.
It has been over a decade that Subba and his associates are being tried. A large number of supporters of Chhatre arrived from different places in Darjeeling to hear the verdict.
But, when Subba and the other accused were finally produced in the court of the additional district and sessions judge around it was found that the computer in the courtroom was not working. Left without any option, the judge, Sanchita Kar, postponed the delivery of the verdict. It will be pronounced on September 9.
But the event has made Chhatre supporters unhappy. "It took more than 10 years for the court to come to the delivery of the judgement. We were really hoping to hear something good, the reason we have travelled all along from Darjeeling. Let's hope that on September 9, the verdict will be pronounced," one of them said.
Chhatre was arrested from the Indo-Nepal border in March 2001 and a case was lodged against him in the Darjeeling sessions court. He was charged with trying to assassinate Ghisingh, then Darjeeling Gorkha Hill Council chairman, at Saat Ghoomti near Kurseong on February 10, 2001. Police also arrested 13 others in the case who were also charged with attempt to murder, criminal conspiracy and possession of arms.
The trial, however, did not take place in Darjeeling as Chhatrey appealed before Calcutta high court to shift his case from Darjeeling to Jalpaiguri for a "fair and impartial trial".
Are Sikkimese Bhutias tilting towards Golay?
NASBO welcomes Golay’s call for Sikkimese unity
Gangtok, Sept 2: The support extended to PS Tamang (Golay), dissident ruling Sikkim Democratic Front legislator by Sikkimese Bhutia tribals has added a new dimension to the anti-Chamling campaign in the State.
The National Sikkimese Bhutia Organization (NASBO) has welcomed
Golay’s appeal for unity among Sikkimese Nepalese who are fragmented into various groups.
Unity among the Sikkimese people will ultimately protect the unique and distinct identity of Sikkim and the Sikkimese people, NASBO President, Sonam Kaleon said in a press statement.
Kaleon, a former senior civil servant, has also shown his appreciation for Golay’s bid to restore the political rights of Sikkimese Nepalese through restoration of their seats in the Sikkim Legislative Assembly as per provisions of Article 371F of the constitution.
It is also significant to note NASBO’s support to the recent (Aug 24) anti-corruption rally organized in the capital by the Nagarik Adhikar Suraksha Sangathan (NASS), which is dominated by pro-Golay elements.
The rally was called to protest against the public order bill, dubbed as the “Black Bill” by the Opposition, tabled in the Assembly by Chief Minister Pawan Chamling on August 11. Due to stiff opposition the bill was abruptly withdrawn on August 26.
One of the main grievances highlighted by NASBO is the 1978 Scheduled Tribes Order which has diluted the distinct identity of the ‘Sikkimese Bhutias’. The organization has also opposed mega hydro power projects near Tashiding in west Sikkim, which is of great historical and religious significance to Sikkim, earlier known as ‘Beyul Dema Jong’ (hidden valley of grains).
Tamangs and Gurungs among the Nepalese community share the same religion – Buddhism – with the State’s minority indigenous Bhutia-Lepcha tribals, who are largely disillusioned with the Chamling Government. Political allegiance to Golay by the Buddhist community in the State would adversely affect the ruling party’s support base. The SDF came to power in 1994 due to the support of OBCs and tribals in the State.
PEOPLE WANT TO KNOW People Have A Right To Know
“Public Order Bill is aimed at restricting fundamental human and constitutional rights”
Former Minister and Convenor of Sikkim Bhutia-Lepcha Apex Committee (SIBLAC) Tseten Tashi Bhutia in his letter, dated August 15, 2011, to Chief Minister Pawan Chamling said the Sikkim Prevention and Control of Disturbance of Public Order Bill, which was tabled in the House by the Chief Minister on August 11 and then withdrawn on August 26, 2011, while trying to curb social evils violates the fundamental rights of Indian citizens in Sikkim guaranteed under the Constitution. Bhutia also submitted a copy of his letter to the Chief Minister to Governor BP Singh urging him to use his power under the Constitution to stop the passage of the Bill in the House. Full text reproduced:
To, Dated: 15/08/2011
Shri Pawan Kumar Chamling
Hon’ble Chief Minister
Government of Sikkim
Gangtok, Sikkim.
SUB: OPINION OF A PRUDENT SIKKIMESE ON THE SIKKIM PREVENTION AND CONTROL OF DISTURBANCE OF PUBLIC ORDER BILL, (BILL NO .10 of 2011.)
Respected Sir,
I, the undersigned would like to draw your attention, introspection in regard to the Bill No.10 of 2011 introduced by your good self as Minister Incharge, on 11.08.2011 in the State Legislative Assembly .
2. The Bill No 10 of 2011 titled as “SIKKIM PREVENTION AND CONTROL OF DISTURBANCE OF PUBLIC ORDER BILL” with its objects and reasons for a special law to address social vices and offences being committed disturbing public order which affect peace and tranquillity in Sikkim and the sate government after due deliberation felt that there is need to deal with such types of offences affecting public order and with that object the Bill has been framed and tabled in the House.
3. It is humbly stated that the Bill has given a wide connotation to the meaning of disturbance of public order. The Bill proposes to bring various contrasting acts within the definition of disturbance of public order, for, e.g., the act of holding processions, hunger strikes, obstructing any public works undertaken by government agencies, any act which causes health hazards or threaten healthy life and security of others ,harms peaceful living , causes public nuisance or imperils or annoys the public, extortion, drug abuse, employing child labour, drunkenness or smoking by persons below 18 years of age, minors visiting bars and discotheques, digging or causing obstruction to public thoroughfare and laying of unauthorized pipes for water connection or any other unauthorized connectivity of any form.
4. The Bill in the present form appears to have been introduced with a sole intention to infringe various basic Human Rights and Fundamental Rights guaranteed by the Constitution of India in Part-III.
5. Though the Bill has also tried to bring in other social evil acts within the realm of an act which causes disturbances of public order, with pure intention to camouflage the real intent of restricting, curtailing the Fundamental Rights guaranteed under Part III of the Constitution of India by Articles 14, 19, 21 and 25. The undersigned would further like to state that the proposed Bill No 10 of 2011 suffers from various defects and illegality and hence it is unconstitutional and ultra-vires. The undersigned would like to urge the following grounds and points for your consideration:-
A. That the proposed Bill’s provisions are in direct conflict with the Fundamental Rights of all citizens of India in Sikkim guaranteed under part III of the Constitution. The proposed Bill, through the various provisions has sought to violate the various International Humanitarian Laws such as the Universal Declaration of Human Rights and other covenants.
B. That there is no explanation given for public cause/purpose to come within the purview of clause (2) to(6) of Article 19 by which the Bill can be justified to impose such unreasonable restrictions on the Fundamental Rights of a citizen. Further, the restrictions to be imposed by the Bill are arbitrary and excessive in nature which goes beyond the requirement of the interest of the general public. It is important to mention that holding processions or hunger strikes etc. are democratic ways of fair criticism and dissent against unjust, unfair, illegal and unconstitutional acts or conduct of State (Govt officials), which the public or an individual feels that the Government or State has failed to carry out its duty and obligation for the protection of the Citizen’s Fundamental Rights.
C. That it is also pertinent to mention that the proposed Bill is trying to restrict the Fundamental Right of a citizen, to preach, profess and practice his or her religion and hence violative and contrary to the concept of secularism guaranteed by Article 25 and the very Preamble to the Constitution. It is pertinent to mention that the various rallies and processions are taken by individuals, associations, groups and socio-political organisations or public spirited persons on the ground that there is need for seeking protection of one’s own religion, places of religious worship and significance, customs, conventions and culture. It is further paramount to state that the Constitution of India under Article 25 guarantees the right to freedom of religion. It is further stated that right to perform a religious ceremony or rituals may be acquired by age old customs of the community. We Sikkimese revere and highly respect the places of worship and perform religious ceremony and rituals to preserve and propagate our rich religious and cultural heritage.
The Bill, if enacted into law, would directly violate the freedom of religion guaranteed by Article 25 of the Constitution. When there is threat/infringement to the same the particular community should have the right to express their opinion in regard to the oppression of their religion or customs (Dharma). Thus to hold a peaceful procession or hunger strike (Satyagraha) etc. cannot be termed a disturbance of public order in the opinion of the person whose religious rights are infringed, sentiment hurt or practices prohibited by law made by the State.
D. The mandate of Article 51-A (f), (g), (h) and (j) of Part IVA of our Constitution requires every citizen to perform the Fundamental Duties and in order to perform those duties, a citizen has to exercise his Fundamental Rights because the two are co-relative . Further more the proposed Bill is in direct conflict with the various International Covenants and Protocols, for e.g. it is in direct conflict with Article 19 of The Universal Declaration of Human Rights, which reads as “everyone has a right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.
E. That it is also pertinent to mention that only reasonable restrictions can be imposed on the Fundamental Right of a citizen and anything contrary to reasonable restriction would be illegal, unconstitutional and repugnant to the mandate of Article 14 and 19 of the Constitution.
F. The proposed Bill prima facie appears to be unreasonable, unnecessary and unwarranted in the situation and context of Sikkim, where you have ruled the state very smoothly over the past 17 years and not a singular situation has ever arisen or event taken place affecting the peace and tranquillity of the state. As a conscious citizen and former legislator, I do not see any justification for such a draconian law as no such situation is likely to affect public order in this strategic border state. The Bill in its present form is potentially harmful to the persons of minor age and the machinery of the state may abuse the provision of the law adversely affecting the future prospects of such minor citizens. The Indian Penal Code and other Central Acts extended to and enforced in Sikkim are adequate to deal with the situations contemplated under the proposed Bill.
G. It is further stated that right to hold processions or hunger strikes or obstructing public works undertaken by the government agencies in which the public at large is not satisfied or happy is a medium of expressing the public opinion to the Government and its agencies that have put a veil in their eyes against public interest. Hence it is a means of fair criticism and gives a chance for the government to improve their approach for larger public interest and hence by bringing such Bill the government itself is acting contrary to its own interest and against the concept of better and transparent governance. It is humbly stated that even in the State of Jammu and Kashmir, Manipur, Assam, Nagaland where there are dangerously disturbed areas, the
government of those states do permit the public to exercise their right to freedom of speech and expression and in case of emergencies the state government have taken recourse to those reasonable procedures as prescribed under the applicable laws to tackle such situations having tendencies to cause public disturbances in the area.
H. I would like to place on record the considered view expressed by Justice Bhagabati Prasad Banerjee, an eminent retired judge of the High Court of Calcutta who opines that – “Even though a portion of the law related to public order has been placed on the State List and the state has the power to enact legislation on them, the Bill placed by the Sikkim government will not be considered as valid if challenged in court… But as far as public disorders like promoting enmity or hatred or disaffection among different communities are concerned, there are strong central laws for it. On these issues, a state government can not enact any law.”
I. I personally feel that the Bill ought to have been published and circulated in draft form eliciting public opinion and views and comments of experts in the various walks of life in the state and people would have got an opportunity to either support or oppose such a law. No such opportunity has been given to the people to express their opinion thereby disregarding a vital pillar of democratic governance in which Sikkim is lagging far behind compared to the other sister states of the country. Furthermore, if the Bill is enacted into law the same is going to be challenged in the proper judicial forum and is bound to be declared ultra-vires the Constitution.
J. It is humbly stated that the Bill proposes to set up a special court and makes the offences cognizable and non-bailable, which upon conviction shall attract imprisonment of not less than five years and fine of Rs 50,000. The procedure to be followed or laid down differs substantially from the ordinary procedure to the prejudice of the accused and hence violates Article 14 and goes against certain relevant procedural sections of the Criminal Procedure Code 1973. For e.g. a person involved in an act of joining peaceful assembly and procession or taking recourse to hunger strike for betterment of particular community, showing general concern in regard to various social issues like environment, and smoking by persons of minor age, visiting bars and discotheques are generally taken into police custody and released on bail. In regard to the minors, they are sent to Juvenile Justice Homes and further even in the rarest of the rare case, they are not penalised for five years imprisonment. It is humbly stated that such a law may be necessary in public interest in dangerously disturbed areas or parts of a state where chaos and disorder prevails for a long period of time.
K. It is further stated that even if the proposed law satisfies the test of reasonable classification under Article 14, it has to be tested on the anvil of Article 21 of the Constitution and the various authoritative verdicts of the Supreme Court binding on all authorities throughout the country. Reference may kindly be made of the case in the Special Courts Bill, 1978 reported in 1979(1) SCC 380: AIR 1979 SC 478.
L. The Bill, if passed, would go against the aims and object of the Act as the public at large would be adversely affected and innocents would be behind the bars until the trial is concluded and is acquitted by the special court. Hence, the chances of abuse of powers by the police and politically motivated persons would be greater thus leading to further threat to peace , tranquillity and public order in a border state like Sikkim which has remained peaceful over the past several decades.
Thus in short and in toto, it can be said that the Bill No 10 of 2011 suffers from various defects, illegality, unconstitutionality and is an affirmative threat designed to create fear psychosis in the minds of peace-loving and God-fearing people of Sikkim who have lived in complete peace and harmony in this Himalayan State. I therefore strongly urge you to withdraw the said Bill or circulate it for eliciting public response and opinion.
I trust that you will act in the best interest of people of Sikkim upholding the Constitutional values, rights and freedoms for which we became a part of India in 1975.
Thanking You
Yours faithfully
Tseten Tashi Bhutia.
Former Minister.