Dinakaran resigns, Wangdi is Acting CJ of Sikkim High Court

SIKKIM OBSERVER   Aug 6, 2011

Dinakaran resigns, Wangdi is Acting CJ of Sikkim High Court

Justice Sonam P. Wangdi

Gangtok, Aug 5: Justice Sonam P. Wangdi has taken over the Sikkim High Court as its Acting Chief Justice following resignation of its Chief Justice Paul Daniel Dinakaran.

The High Court with a strength of three judges had only two judges – Justices Dinakaran and Wangdi. One post is presently vacant.

 Sources said Justice Wangdi took over as Acting CJ of the High Court on July 30. He will continue in the post till a new CJ is appointed.

Dinakaran, against whom charges of corruption and misuse of office is pending in Rajya Sabha, submitted his papers to President Pratibha Patil in New Delhi last Friday.

Soon after the announcement of Dinakaran’s elevation as a Judge of the Supreme Court by the Supreme Court collegium in August 2009, the Chennai-based Forum for Judicial Accountability (FJA) opposed the elevation on grounds of alleged corruption land grabbing.

Subsequently, the collegium dropped his elevation and transferred him from Karnataka High Court to Sikkim High Court in July last year.

Despite opposition from the legal fraternity and Opposition parties in Sikkim on Dinakaran’s transfer he was sworn in as Sikkim High Court Chief Justice in first week of August 2010.

The Bar Association of Sikkim (BAS), which had questioned the move to transfer the “tainted” Judge to Sikkim, threatened to boycott Dinakaran’s swearing-in function if he took over the High Court as its Chief Justice.

Opposition parties, including the Congress, criticized the move to transfer Dinakaran to Sikkim stating that the State should not be made a “dumping ground’ for all unwanted elements.

However, after he took over as CJ local lawyers refrained from their anti-Dinakaran stand. During his short tenure in Sikkim Justice Dinakaran spent much of his time shuttling between Gangtok and Delhi battling charges of corruption.

In his two-page resignation letter sent to the President on Friday, Dinakaran said he was victim of “vested interests,” which had targeted him because he was a Dalit.

“I have been targeted at the instance of vested interests,” Dinakaran said in his letter.

“I have a sneaking suspicion that my misfortune was because of my circumstances of my birth in the socially oppressed and underprivileged section of the society,” he added.

With his resignation all proceedings against him would be rendered infructuous.

The former Law Minister Veerappa Moily had earlier warned: "The hand of law is quite long enough to catch anyone. I don't think Justice Dinarakan is above the law, or he is beyond the reach of the law."

One of Dinakaran’s last public appearances in the State was during the inauguration of the Auditorium hall of the High Court of Sikkim in mid-June 2011. Justice Dinakaran’s remarks in his address during the function when he said Chief Minister Pawan Chamling, who was the chief guest for the function, “is a political icon of the State and also the most respected and influential leader in this part of the nation” was not well received by those who are convinced of the alleged rampant corruption in the State administration. (see edit on page 2 – JUSTICE FOR ALL)

Editorial

FINAL EXIT

Justice For All

Transferring Justice PD Dinakaran to Sikkim High Court last year was not a wise thing. His quiet exit as Chief Justice of Sikkim High Court last week proved that Justice Dinakaran did not want to be impeached by the parliamentary panel probing his alleged corrupt practices and other irregularties, including land grabbing, while in office. Legal luminaries, being aware of the prima facie evidence of his alleged malpractices, were unanimous in their opinion that Justice Dinakaran should tender his resignation to uphold the dignity of the judiciary. And yet the former Chief Justice chose to hang on to power and carry on with his legal battle. He was sent to Sikkim as there was very little work there. It was a punishment posting and with his appointment as High Court CJ the Sikkimese people’s feeling that the nation, after taking over the former kingdom, was using it as a “dustbin” was further reinforced.

That the resignation came a day ahead of the hearing of the three-member inquiry committee appointed by Rajya Sabha chairman to probe into charges of land grabbing and acquiring of assets disproportionate to his income go to show that Justice Dinakaran did not have much faith in the panel. It also shows that he was on an unsound legal footing to carry on with his case. He fought fruitlessly in the Supreme Court to get some reliefs. With less than a year before his retirement Justice Dinakaran did a wise thing by putting in his papers. Judges and former Judges of Sikkim High Court have evoked much controversy in recent years: one allegedly committed suicide or was murdered while in office, one faced corruption charges after being transferred, one died of liver cirosis while in office, one had to resign as chief justice of Bombay High Court and now Justice Dinakaran has resigned. The Judiciary, along with the Legislature, are still on trial in Sikkim but for how long. The warning given in this column when Justice Dinakaran took over the High Court of Sikkim in August 2011 needs to be repeated: “India is on trial in Sikkim, not Justice Dinakaran.”

GJM makes U-turn on Jalpaiguri, proposes two districts in Darjeeling

Observer News  Service

Darjeeling, Aug 5: Gorkha Janmukti Morcha chief Bimal Gurung said he was prepared to allow the State Government to go ahead with the proposed bifurcation of Jalpaiguri district without first settling the issue of territorial jurisdiction of the Gorkhaland Territorial Administration (GTA).

At the all-party meeting held in Kolkata on Wednesday, Morcha general secretary Roshan Giri had said asked the government not to bifurcate Jalpaiguri to create a separate Alipurduar district till the issue of the territorial jurisdiction of the GTA was sorted out.

   Morcha’s stand changed after Gurung met Chief Minister Mamata Banerjee after the all-party meeting. “Madam (Mamata Banerjee) is doing so much for us after 34 years. She has given us a tangible dream of development, besides the GTA. We can set aside some minor differences to co-operate with the government and not obstruct it in what it wants to do,” Gurung said.

Giri was present during the Morcha leaders meeting with Mamata, who is believed to have persuaded Gurung to be more magnanimous.

“This government is doing more than any government has done for the hills since Independence. The chief minister asked the Morcha to appreciate that and set aside such minor differences. The Morcha was told to understand how much co-operation it was receiving from our government and therefore it should reciprocate accordingly,” said a minister.

In the all-party meeting, the Morcha had also demanded that GTA should be split into two districts.

“Population should not be the only criterion for creating new districts. Topography, lack of development and infrastructure should also be considered. Proximity to the international border also has to be taken into account. Darjeeling should be divided into two districts,” Giri had demanded.

Giri said later that he had suggested at the meeting that the population of Darjeeling district had grown much and it would help in better administration if the district was bifurcated. Being a hill area, districts of smaller size were preferable, he argued. The GJM delegates, including Kalimpong MLA Harka Bahadur Chhetri, wanted one district to comprise Darjeeling and Kurseong subdivisions on the western part of the Teesta and the Terai areas included in the present Darjeeling district and the second district to comprise the Kalimpong subdivision on the eastern part of the Teesta and parts of Dooars. Both the districts should be placed under GTA, Giri argued.

 “The Morcha was clearly told that there was no question of dividing Darjeeling at the moment and the government expected it to not create any new trouble on the issue. The Morcha leadership agreed,” said a Writers’ source.

The all-party was convened to discuss on creation of five more districts in West Bengal and renaming the State.

 “The name should have a historical perspective and preserve the state’s heritage. We want a name that shouldn’t hurt anybody,” Mamata said.

The next all-party meeting will be held on August 19.

Gyatso takes over as Chief Secy

Chingapa honest & committed: CM

Observer News Service

Gangtok, Aug 5:  Karma Gyatso, a 1977 batch IAS officer, is Sikkim’s new Chief Secretary. He took over the post on Monday from the outgoing Chief Secretary, Norbu D. Chingapa.

Rinzing Ongmu, IAS, wife of Health Minister D N Takarpa, has been appointed Additional Chief Secretary. Both the officers hail from the minority indigenous Bhutia-Lepcha tribal community in the State.

In a farewell function held here yesterday, Chief Minister Pawan Chamling, while welcoming the new Chief Secretary, said Chingapa was an able administrator, honest and a hardworking person.

The Chief Minister said the outgoing Chief Secretary, who is a Bhutia, always had a sense of commitment for the people’s welfare. Chamling described Chingapa, who held the post twice, as a man of sound moral character and a thorough gentleman.

Gyatso and Ongmu’s appointment has been welcomed and appreciated by the Sikkim Bhutia-Lepcha Apex Committee (SIBLAC), an umbrella organization of the State’s indigenous Bhutia and Lepcha tribals.

In a statement, SIBLAC President Tseten Tashi Bhutia said the appointment of the two officials was “long awaited and deserving.”

Gyatso, an alumnus of St. Augustine’s School (SAS – Kalimpong), who belongs to the ethnic and indigenous Lepcha community, is a close relation of Sikkim’s first chief minister Kazi Lhendup Dorji Khangsarpa, a Sikkimese aristocrat from the Lepcha community.

Observers believe that after Gyatso and Ongmu’s retirement in a few years it would be very difficult for bonafide Sikkimese from the three ethnic communities – Lepchas, Bhutias and Nepalese – to hold the highest position in the State administration.

Late T W Barfungpa, a Secretary in the State Government who was killed in a tragic car accident in April 2009, would have been the last local to hold the Chief Secretary’s post.

Chamling demands ST status for ‘Sikkim Subjects’

Gangtok, August 3: Chief Minister Pawan Chamling has reiterated his proposal to include bonafide Sikkimese in the list of scheduled tribes in the State.

During his on-going village-to-village tour of the State here last week, Chamling said the Centre should meet his government’s demand for inclusion of all ‘Sikkim Subjects’, who possess Sikkim Subjects Certificate, in the list of scheduled tribes in the State.

While speaking to the people here the Chief Minister said he was hopeful that this demand would be fulfilled as the Centre had given income tax exemption to “Sikkim Subjects” a few years back.

Presently, only four communities in the State have been declared STs in the State. While the minority indigenous Lepchas and Bhutias were declared STs three years after the merger in 1978, the Limbus and Tamangs, who are Nepalese and earlier included in the list of ‘other backward classes’ (OBCs) in the State, got ST status in 2003.

Notable among the Nepalese ‘Sikkim Subjects’ who are in the State’s OBCs’ list are Gurung, Rai, Mangar and Sunmar. Upper caste Nepalese such as Bahun, Chettri and Newar, who are ‘Sikkim Subjects’, do not figure in the list of OBCs. The other section of the Nepalese community in the State who also possess Sikkim Subjects Certificate are Kamis and Damais and they belong to the scheduled caste community.

Around 70 per cent of those who were issued Sikkim Subjects Certificate during the Chogyal rule prior to the merger in 1975 were Nepalese.

The Chief Minister who began his village campaign in mid-May will wrap up his state-wide tour shortly with a short tour of the tribal-dominated north district.

Sikkim streams, rivulets to be tapped for power generation

CAG had indicted govt on hydro power projects

Observer News Service

Gangtok, Aug 5: Even as nearly 30 mega hydro power projects in the State faces opposition and criticism from many quarters Sikkim will from this month begin tapping its streams and rivulets for power generation.

The Sikkim Renewable Energy Development Agency (SREDA) will begin its survey to explore mini-hydropower potential in the State which is estimated to be around 500 MW.

The electricity harnessed from the rivers will be supplied to the villages near the project sites.The project will also be used for irrigation and water supply in the villages, according to SREDA sources. To begin with at least 13 mini power projects have been earmarked for north and east districts.

As the State embarks on a new venture on exploiting the State’s mini-hydro power potential, estimated to cost around Rs 20 crore, it would be worth while to note how mega hydro power projects in the State have been handled.

The 2011 annual Comptroller and Auditor General (CAG) report has strongly indicted the State Government on its handling of the power sector in Sikkim:

“Even though the State Government has not framed any PPP (Public Private Partnership) policy for the State the Government opened the power sector to private developers with the objective of gaining in a big way by exporting electricity to other States. The State Government commenced award of hydro power projects to Independent Power Producers (IPPs) without working out any effective modality and finalizing any plan or policy.”

The report said, “Projects were awarded at throwaway charges which compared very poorly with the charges imposed by all other hydro power States in the country in respect of royalty revenue, upfront premium, penalty for delay, local area development, etc.

Effective safeguards were not incorporated in the agreements against delay in completing various milestones laid down for completion of the projects and negligence in maintaining the projects after commissioning.”

The CAG report also slammed the authorities for environmental neglects: “Environmental issues such as identification of proper dumping sites, safe disposal or excavated material, compensatory afforestation, catchment area treatment and biodiversity preservation were neglected and delayed.Monitoring of execution of the projects was virtually non-existent.”

2 killed, 3 injured in Lachen car mishap

By A Staff Reporter

Lachen, Aug 5: Two Lachenpas died in a tragic car accident here on Saturday.

Mr and Mrs Dotam Lachenpa died when the private vehicle in which they were traveling skidded off the road and fell into the Teesta river at about 9 a.m. at Dho-kya-rho, about one km above Thangu in northern Lachen, north Sikkim.

While Dotam died on the spot his wife died three hours later in an army hospital at Thangu.

Three others, including the driver, who were in the same vehicle incurred minor injuries and were hospitalized.

National media tour of Nepal in November

Observer News Service

Gangtok, Aug 5: A delegation of National Federation of Working Journalists (NFWJ) is expected to visit Nepal in November this year for a study tour.

Before visiting Nepal the delegation will participate in the two-day 3^rd National Media Convention at Gorakhpur. The focus of the convention will on India’s media coverage of events in Nepal, state of the Indian electronic media and media and election coverage in the light of ‘paid news’ reports.

The IFWJ working committee will hold its 120th session along with the convention, according to IFWJ President K. Vikram Rao.

On their way to Kathmandu the participants will visit Lumbini in Nepal where Gautam Buddha was born. Lumbini at the Indo-Nepal border is a sacred pilgrimage centre for Buddhists.

Delegates will meet high dignitaries of the Nepal Government during their stay in the Himalayan State.

Members of the Sikkim Federation of Working Journalists (SFWJ), which is affiliated to the NFWJ, have been invited for the convention and four-day study tour of Nepal, according to Federation General Secretary Khagendramani Pradhan.

New Ben gompa body takes charge

Observer News Service

Gangtok, Aug 5: The newly-formed 7-member committee of Ben monastery (gompa) in south district, which has been approved by the Law Department of the State Government, formally assumed its responsibility on Wednesday, an auspicious occasion of Drukpa Tseshi.

The committee headed by its President Karma Tsering Nadik has the following members: Lhendup Dorjee, (Vice-President) Tshering Thendup Nadik (General Secretary), Gyatso Dokhampa (Joint Secretary), Lama Yangching Kaleon (Treasurer) and two executive members.

The meeting on Drukpa Tseshi was attended by lamas, nuns and villagers of Ben and adjoining Nampric bustee, a release by Major T. Gyatso said.

The committee urged all villagers to maintain the monastery. It decided that all works related to the monastery be approved by the committee, a body recognized by the State Government. Members during the meeting urged the State Government to help meet portion of funds for works undertaken by the monastery.

Most Sikkim vehicles yet to get high security number plates

By A Staff Reporter

Gangtok, Aug 5:  Since the implementation of High Security Registration Plates (HSRP) in the State in 2009 only 11,508 vehicles have been fitted with HSRP till date.

According to N. Sharma, Motor Vehicle Inspector (MVI) technical (Headquarters), all vehicles in the State are legally bound to affix HSRP number plates before payment of next token tax.

Those who fail to do so will face legal action under the provision of the Central Motor Vehicle Act-1988, Sharma said. He added the Department will seek the help of the police to take action against those who fail to get the new number plates.

Sharma said that there are approximately 46,995 vehicles plying across the State currently but the exact figure of vehicles are still unknown.

One of the main reasons why vehicle owners have not got HSRP number plates is mainly due to their high cost. While the cost of such number plates in other States such as neighbouring West Bengal is around Rs 500, in Sikkim the cost for light and heavy vehicles is Rs 2048 and Rs 821 for two-wheelers.

Sikkim’s population is 6 lacs, 75% rural

Gangtok, Aug 5: Its official now – the population of Sikkim is pegged at 6,07,688.

The provisional population of Sikkim stands at 6,07,688 persons consisting of 4,55,962 rural and 1,51,762 urban population as on 1st March 2011.

This was disclosed by Dr. Dilip Kumar Dey Jt. Director, Directorate of Census Sikkim, while formally releasing the Provisional Population Totals Paper-2 of the year 2011 here last week, according to PIB.

Paper-I of the Provisional Population for the state of Sikkim released on 7th April, 2011 emphasized on density of the population and literacy rates, Paper-2 released on Thursday made an attempt to present an important profile of the state, like rural – urban distribution, the trend of urbanization and distribution of literate population at rural and urban areas at the district level.

According to the Provisional Population, East District is the most urbanized district in the state, Three major statutory and one census town is located in the district with 1,20,750 population pocketing 79.59 percent of the total population.

 Sikkim is an agrarian State with 75 percent rural population, which also includes the population of the forest villages, tea estate and monastery. The fall in the decadal rural population in Sikkim has happened mainly due to the decision of the government to upgrade the existing towns into Municipal Corporation and municipality by merging a number of villages adjoining to these towns, which is also witnessed by significant growth of 153 percent recorded in the urban population.

The provisional census 2011 shows that the sex ration in Sikkim (Number of Females per 1000 Males) is 889 while the percentage of child population in the age group 0-6 years in Sikkim is 10.37.

The figure also shows the decadal growth of child population 0-6 years per person 2001 to 2011 is -21.89 percent.  The literacy rate of the state, according to the provisional figures 2011 released stands at 76.04 with 87.80 urban and 74.50 in rural areas. 

The Jt Director, Census D K Dey informed that the Socio-Economic and Caste census is likely to begin in the state in October this year.

 STATEHOOD DEMAND - III

“Technically speaking, Darjeeling is not part of Bengal”

The distinct political identity of the hill people for which the guaranteed safeguard provides is contained in the meaning of the Govt. of India Absorbed Area (Laws) Act 1954, which describes Darjeeling District as a Partially Excluded Area was transferred for the administrative management only to the State of West Bengal within the provisions of the Fifth Schedule.

Technically speaking, Darjeeling District is only temporarily merged with the state of West Bengal within the provision of V Schedule. All areas in India under the provision of the V & VI Schedules are under the President of India and perceptually not within the territory of the state who is managing the administration. Therefore, it is a total misconception of the people of the state to allege the right to demand a state tantamount to division of the state territory.

This misunderstanding is causing immense damage to the psychic of the people on either side of the board and unnecessarily fanning pervasive ideas and eluding the truth. It is only proper and fair the state, now under intellectual dispensations requires addressing this problem once and for all so that divisive elements are disabled from interpreting the constitutionality of the demand otherwise.     

It is therefore most relevant to mention this in the first paragraph of the petition before submission. In the constitutional roadmap of state formation, demand for Gorkhaland at this moment of time seems an aberration, and unacceptable within the provision of the V Schedule. However, if in the new Census 2011Gorkhas  are listed as Scheduled Tribes this would complete the second criteria of the V Schedule  - Scheduled Area, which can in fact help the ‘hill people’ and the constellation of ‘Gorkha’ new Scheduled Tribes combined, in legally demanding maybe even Gorkhaland. Hence at this moment Gorkhaland is possible within the state only.  

The present contemplated setup Gorkhaland Territorial Administration (GAT) has the face of the provisions of the [PESA] Panchayats (Extension to the Scheduled Areas) Act 1996 (No. 40 of 1996). This was particularly formulated for V Schedule –Scheduled District Areas as an extension of Part IX (Article 243) of the Constitution. This is a perception in noting that “GTA would be above the Zilla Parishad. it will also supervise the functioning of the Zilla Parishad”. If PESA seems to be implied then out of constitutional constraints Scheduled Area (to list new members of Scheduled Tribes) requires to be effected before election to GTA.

If this perception inclines to be authentic then, whether ignorantly or wisely, the hill people’s legal right is seemingly further marginalised to a point of its extinction in recognition of the fact Darjeeling District will become and a part of West Bengal permanently, seen as legally repealing the Govt. of India Absorbed Area (Laws) Act 1954 – the Absorbed Areas of Sikkim and Bhutan constituting Darjeeling District, democratically applying for amalgamation with West Bengal in the Union of India .

This is observed because only in 2011 the Sikkim Legislative Assembly passed a Resolution No. 3 demanding a state for the people of Darjeeling, this combined with the new Indo-Bhutan treaty 2007 wherein Rs. 5 lakhs annual gratuity is seen to be omitted, inferring in international understanding, the non acceptance of the annual gratuity is seen as a resolution guaranteeing Darjeeling District (Kalimpong and the 11 Dooars included) to demand a state in India.

With all these constitutional and international understanding perceived, the question to be asked at this moment of time is whether the hill people of Darjeeling District generally wishes to remain within the State or as frequently demanded since time immemorial has demanded a separate administrative unit outside it by demanding a separate state within the Union of India. This is a subject which requires a seminal discussion.             

This seems to be the reckoning of the program being followed by the GJM representatives, perceptually.  Which if misplaced otherwise the there is a reasonable possibility the hill people will (a). wait till the next Census 2021 and (b). there is an element of constitutional interpretation of Article 1(3c ) implied to Article 3 (a or b whichever applicable) which may allow if confirmed by the MLAs and MP (democratically) to apply for permanent merger into the state, Constitutionally but seemingly unconstitutional. The reality is at hand and very soon to come about. The thrill is in the anxious wait.

The Darjeeling Dooars Peoples Forum (DDPF) is urged to read the above thoroughly before needlessly citing the cases of Meghalaya –PEA (VI Schedule)-1972; Tripura- CAA, UT (VI Schedule)-1972; Arunachal Pradesh – EA-UT (VI Schedule) -198; Mizoram –EA, UT-Sixth Schedule (1987). (Hillman the analyst – concluded)

         

MAOISTS FORCE KHANAL CABINET EXPANSION

HIMALAYAN GUARDIAN AUGUST 3, 2011

MAOISTS FORCE

KHANAL  CABINET EXPANSION

Nepal PM survives yet another crisis

Kathmandu, Aug 3: Nepal's Prime Minister Jhalanath Khanal has once again proved his skills to stay in power. On Monday he inducted nine Maoist lawmakers and one from the Terai’s  Madhesi Janadhikar Forum to the 34-maember cabinet, days after the former rebels threatened to withdraw support from the government and trigger its collapse.

Khanal had earlier rejected Maoist demands to appoint its lawmakers as cabinet ministers.

But Khanal gave in on Monday after the Maoists reduced the number of cabinet seats they were demanding to nine from 19.

The Maoist chief Prachanda proved his control over the Khanal Government by forcing a cabinet reshuffle despite stiff resistance from the premier's own party as well as the biggest opposition party.

"The prime minister administered the oath of office to nine lawmakers from Maoist party and one from Madhesi Janadhikar Forum (party)," the prime minister's press adviser Surya Thapa said.

The withdrawal of Maoist backing would have meant the collapse of the five-month-old Khanal Government.

Khanal was chosen as premier by lawmakers in February after winning the support of the Maoists following a damaging seven-month-long leadership vacuum in the poverty-stricken nation.

The new Maoist ministers include one of the three deputy chiefs of the party, Narayan Kaji Shrestha, who got the coveted home ministry, Hisila Yami (land reforms), the wife of another deputy, Dr Baburam Bhattarai, and Jayapuri Gharti Magar (women, children and social welfare), who is from the faction loyal to the third deputy, Mohan Baidya, and had refused to take oath of office for the same portfolio two months ago.

Involve Kashmiris in Indo-Pak talks on J&K: JKLF

Islamabad, Aug 2: While welcoming the on-going dialogue between India and Pakistan on J&K the need to involve the Kashmiris themselves and their genuine representatives for success of the talks featured high during a conclave here on Sunday hosted by the Jammu and Kashmir Liberation Front (JKLF).

Terming Kashmiris as the principle party to the dispute speakers at the conclave said association of Kashmiris’ genuine representatives was imperative to bring about a lasting solution of Kashmir imbroglio.

“Both the countries should engage seriously and settle the long-pending issue in order to mitigate sufferings of the bleeding nation”, the speakers maintained.

Demanding Kashmiris’ inclusion in the talks process, JKLF chief Muhammad Yasin

 Malik said that it was the basic right of the people of Kashmir to be part of the decision making process.  “The two countries are talking about Kashmir issue that consumed four generations of Kashmiris and they are discussing about the future of a nation having five thousand year old history, isn’t it our right to be part of that discourse?” he asked.

Chaired by Malik, the Kashmir Conference titled “Present political situation and Kashmiris’ role” was attended by journalists, scholars, intellectuals as well as the Kashmiri political and religious leadership.

The participants of the conference after having an intense brainstorming session resolved that all out efforts would be made to strengthen the ongoing peaceful, non-violent, democratic movement in Kashmir.(also see page 2 and edit on page 4)

SDF rebels may join Golay camp

“Chamling undemocratic, autocratic and corrupt”

Gangtok, Aug 2: Four senior and influential members of the ruling Sikkim Democratic Front (SDF) last week resigned from the party alleging that the ruling government was involved in rampant corruption, undemocratic practices and dictatorial tendencies.

 Kiran Chettri, Sonam Bhutia, Neema Theeng and Sonam Sherpa submitted their resignation letter to Chief Minister and SDF President Pawan Chamling on Friday.

While  Chettri is a former SDF publicity secretary, Bhutia and  Theeng are members of the party’s Central Executive Committee (CEC).

In their 2-page resignation letter the four have alleged that largescale corruption and autocratic style of functioning of the party chief were responsible for them quitting the party.

“Presently, no ones voice is heard apart from yours (Chamling) in the party,” the resignation letter said while adding, “Those who give good suggestions are labeled as anti-party.”

The four have also criticized Chamling for indiscriminately allowing corporate houses to exploit the State’s natural resources, including hydro power potentials, without looking into the adverse affects of such projects on ecology, environment, culture, religion and displacement of local people from their ancestral land.

While Bhutia, former general secretary of the Sikkim Pradesh Congress Committee (SPCC) and former police officer, is an influential member of the minority Bhutia-Lepcha tribals,  Theeng, a former chairman, comes from the Tamang community, which is one of the scheduled tribe communities in the State that is likely to play a decisive role in the outcome of the next Assembly polls in the State scheduled for 2014.

Theeng, who was recently removed as advisor of State Trading Corporation of Sikkim (STCS), is believed to be in touch with former minister and dissident ruling party MLA, PS Tamang, locally referred to as “Golay”, seen by many as the chief-minister-in-waiting.

Chettri has been an active politician since the time he was in the Naya Sikkim Party in the early 1980s. Chettri, who was also the former President of the now-defunct Sikkim Krantikari Morch (SKM), reportedly said the four are likely to join Tamang soon.

Karmapa wants India to play greater role in China-Tibet talks

New York, Aug 2: Ugyen Thinley Dorje, the 17^th Karmapa, wants India to be "an active participant" in talks with China on the Tibetan people's rights.”

"It is not inappropriate for India to raise its voice and be a very active participant in

this discussion," said the 17th Karmapa, one of the most revered figures in Tibetan Buddhism, reported PTI.

India was "not just another county" of the international community, the 26-year-old monk said, adding "Tibetan culture was Indian culture" as well.

"Right now we find the environment of Tibet in a perilous condition," he said.

He charged that the Chinese government had continued its "repressive acts in an uninterrupted fashion since 2008."

The Karmapa said that Tibetans were "not political people", but were fighting for basic human rights like freedom of speech and religion.

The Karmapa, who is on his second visit to the US after 2008, also warned against the construction of dam that China is building on the middle reaches of the Brahmaputra.

He said the dam was "not a small deal" and it would impact India and its neighbouring countries.

It was "important" for the Indian government to speak on the matter, said the Karmapa, who also accompanied the Tibetan spiritual leader the Dalai Lama on his trip to Washington DC last week to attend the 'Kalachakra' ceremonies.

"One of the things that the Chinese do not understand is that the Tibetans are seeking basic human rights - freedom of speech and freedom to practice our religion. The Chinese frame it as a political issue, but the Tibetans are not a political people," the Karmapa said, according to The Huffington Post.

His Holiness the Karmapa is quick to point out: "I am not anti-Chinese. I am a spiritual teacher and am working for the welfare of all sentient beings. I am not anti anything, including China. But I will advocate for the truth and I want the truth to be known," the Post reported.

Amidst hectic lobbying by his followers in the corridors of power, the Centre last month allowed the Karmapa to travel to United States to attend the Kalachakra puja performed by the Dalai Lama.

Pashupatinath temple  trust wins Supreme Court case

Kathmandu, Aug 2: The Maoist Government’s decision to dissolve Nepal’s trust of the Pashupatinath temple has been quashed.

The Supreme Court last week allowed office-bearers of the Pashupati Area Development Trust (PADT) to resume their duty.

Judge Prakash Osti on Sunday dismissed communist Culture Minister Khagendra Prasain’s bid to sack all seven officials of the Trust amidst allegations of corruption.

Prasain, also the chairman of the Trust that runs the affairs of the shrine, through a letter to member secretary of the Trust had notified that the temple's executive committee has been dissolved on charges of misuse of the fund.

The office-bearers of the Trust resumed their duties after the apex court reversed the decision made by Minister for Culture to sack them, said Sushil K Nahata, member secretary of PADT.

"The court has dismissed the corruption charges leveled against us by the minister," a member of the Trust said. "The minister has no authority to sack the office-bearers of the trust, who are appointed for the term of four years," he pointed out.

Pashupatinath temple is believed to be the biggest Hindu temple of Lord Shiva in the world located on the banks of the Bagmati river in the eastern part of Kathmandu. The temple is listed in UNESCO World Heritage Sites list.

Meet mainstream politicians, Omar tells Pak

Srinagar, Aug 2:  Chief Minister Omar Abdullah on Thursday said Pakistan will have to talk to mainstream politicians also if the leadership of Jammu and Kashmir is to be included in dialogue between New Delhi and Islamabad for resolution of Kashmir issue.

"If they want inclusion of Kashmiri leadership in the dialogue, then Pakistan will have to talk to the mainstream leadership also," Omar told reporters on the sidelines of a function, CNN-IBN reported.

He said separatists were not the only leaders in Jammu and Kashmir as the mainstream political parties have proved their representative character from time to time.

Omar said there was nothing to worry about the meeting between visiting Pakistan Foreign Minister Hina Rabbani Khar and separatist leaders in New Delhi on Tuesday.

"There is nothing new in Hurriyat Conference leaders meeting Pakistani dignitaries. This is not happening for the first time and there is nothing to worry about," he said.

"It is a welcome step that the cross-Line of Control bus services in Jammu and Kashmir will be now open for pilgrims and tourists from the state," he said.

While welcoming the increase in number of trading days on cross-LoC routes, Omar said more needs to be done for making the trade sustainable.

Meanwhile, former home secretary G K Pillai on Thursday said Pakistani foreign minister should have met Jammu and Kashmir CM instead of Hurriyat leaders as he was the actual representative of the people.

"Pakistani leaders usually meet Hurriyat leaders. It is no big deal, but it would have been useful had she met Omar rather than the separatists who represent a section of the society," Pillai said.

J&K interlocutor in Fai controversy

New Delhi, Aug 2: The Centre is not annoyed about Central interlocutor for Jammu and Kashimir Dileep Padgaonkar attending a function organized by separatist Ghulam Nabi Fai in the US in 2005.

In fact, the Home Ministry reportedly is not too pleased with the remarks of MM Ansari, one of the interlocutors, who is believed to have opposed Padgaonkar’s presence at Fai’s meeting.

Terming his fellow member's decision to be a guest of Fai's Kashmir American Council (KAC) as "very strange and unfortunate", Ansari had even questioned whether the government was aware of Padgaonkar (a senior journalist) attending the seminar before it appointed him (as one of the interlocutors), the Times of India reported.

Giving 'clean chit' to Padgaonkar, a senior official of the Home Ministry, however, said the ministry had minutely examined the content of the recorded speech delivered by him at the seminar, and found nothing that could even remotely point at something that can be interpreted as 'anti-India'. "Padgaonkar spoke there as a journalist, and there is nothing wrong in it," he said,

Padgaonkar said that he did attend the seminar in 2005, but he did not have the faintest of idea about Fai's affiliations with the ISI. "Had I known who Fai 'actually' is, I would not have attended the seminar," he had said.

The episode came to light when the FBI arrested Fai in Virginia on July 19. Fai was held on charges of lobbying for Pakistan among US legislators at the ISI's behest.

 The KAC had been regularly organizing seminars/conferences on Kashmir in the US, which were attended by a number of Indian journalists and civil rights activists over the years.

The Centre had on October 13, 2010, appointed the group of three interlocutors, entrusting them "with the responsibility of undertaking a sustained dialogue with the people of J&K to understand their problems and chart a course for the future".

Mired in internal strife and controversies, the scheduled visit of the interlocutors to J&K on July 29 was abruptly postponed. (also see edit on page 4)

China-India apple growers compete in Indian market

Shimla, Aug 2: More than a month after senior Congress leader Vidya Stokes raised her concerns about apples from the State receiving a severe beating in Indian markets, following bulk imports from foreign countries, especially China, Horticulture Minister Narinder Bragta admitted that China has dumped its apples at some ports, including Kolkata and Mumbai.

Its arrival at the time when the home produce has just hit the market has created an intense competition, which the domestic produce may not be able to withstand, he added.

Bragta went on to blame the Centre for not taking steps to protect the interests of Himachal Pradesh farmers, despite the fact that he had raised the issue with Union Minister of Commerce and Industry Anand Sharma in September 2009. Later, Chief Minister Prem Kumar Dhumal had also written to Sharma and informed Union Agriculture Minister Sharad Pawar about the matter.

 “During NDA regime, Prime Minister Atal Bihari Vajpayee had raised import duty up to 50 per cent to give relief to the apple growers of the country. There is a need for raising the import duty under WTO up to 75 per cent,” said Bragta.

He plans to meet Anand Sharma as well as Union Minister for Micro, Small and Medium Enterprises Virbhadra Singh — both hailing from Himachal Pradesh — to seek their support in making the Centre agree to the state’s demand for a higher import duty on apples shipped to the Indian markets.

The minister wondered how state Congress leaders are targeting the state government, instead of putting pressures on the UPA government to save the apple growers.

Meanwhile, Himachal Pradesh horticulture director Gurdev Singh said that apple production, which had crossed about 4.50 crore boxes last year, is likely to be remain at 2.50 crore this year. He said that total loss of fruit crops has been estimated to be around Rs 347 crore. He disclosed said that apple production is likely to come down to 9 lakh metric tonne per hectare this year from 11 lakh MT tonne of last year.

Singh attributed decrease in apple production to inclement weather.

Uttarakhand HC stays arrest of Ramdev aide

Nainital, Aug 2: The Uttarakhand High Court on Friday granted a stay on the arrest of Yoga guru Ramdev's close aide Acharya Balkrishna, who has been charged by the CBI for procuring fake educational degrees and using them for getting a passport.

Hearing a petition, a single-member bench of the High Court headed by Justice Tarun Agrawal also asked the CBI to file a reply on the petition before it in three weeks time, said Rajendra Dobhal, counsel of Balkrishna.

The court also asked Balkrishna to cooperate with CBI in investigations against him and also to appear before the investigating agency on Aug 4.

The petition for stay on arrest of Balkrishna was earlier put before Justice P C Pant yesterday. However, he recused himself from hearing the petition and referred it to Chief Justice Barin Ghosh.

Balkrishna, who is charged with procuring fake educational degrees and using them for getting a passport, was summoned by the CBI to appear in its office here yesterday for interrogation. There were also reports that he might by arrested by the investigating agency. 

EDITORIAL

STATEHOOD FOR KASHMIR

UT Status For Jammu & Ladakh

Why is the State called “Jammu & Kashmir”? Why shouldn’t it be called  “Jammu, Kashmir & Ladakh”? Why should Ladakh’s name be excluded from J & K State? Why not a separate State called “Kashmir”?. Before a permanent “political solution” is reached in J&K the State could be divided into three units: Union Territory status for Jammu and Ladakh and a separate state for Kashmir Valley with greater autonomy. This may not be a permanent solution but could lead to some sort of a start to solve the J&K issue. For a while forget the “plurality and diversity” of J&K. If States within the Union cannot live together for a long time in peace and unity as is the case with J&K don’t force it on them.

Rather focus on “plurality and diversity” of the nation. What is wrong if more states are carved out of the sub-continent and yet India maintains its “unity in diversity?” The main problem in J&K is not Jammu or Ladakh but the Kashmir Valley. Separatist leaders are saying that Kashmir, not Ladakh nor Jammu, was "illegally occupied". Buddhists in Ladakh have been demanding UT status for a long time. If UT status is not possible Ladakh may be combined with Kullu & Manali and made a separate State. Geographically and culturally the people from these areas share much in common. Jammu could also become part of Himachal Pradesh. Instead of getting stuck in the mud there is no harm in trying new ways to solve people’s problems in a democracy.

The central interloculors for J&K are likely to say that the solution “must come from the people”. Both the Centre and the National Conference Government seem to be keen on providing greater degree of autonomy to J&K. Certain areas of J&K are either under Pakistan or China. Its in India only on the map. The road-map for the troubled-torn State must begin taking into account the ground realities. And the ground reality is that we are just talking; not moving ahead.

“GTA another version of DGHC”

 The new deal is not a sellout, but a temporary relief

The Gorkhaland Territorial Administration (GTA) is another version of DGHC provided by the State to prolong existence of Darjeeling District within West Bengal till the period the people of the District demand a State of its own under the provisions of the V Schedule in which the District is framed for safeguard and protection within the Constitution of India. This aspect has not been implied at all in the GTA setup which happens to be a provision within the state laws and therefore require to be ratified by the West Bengal Assembly.

For some unseen reasons the Morcha seem to be afflicted inducing it to climb down on the statehood demand, which according to a Press statement, by West Bengal Chief Secretary Samar Ghosh, ‘the issue of statehood never featured during the talks. The matter was not ever raised”. Hence the GTA setup without the legal constitutional guarantee of safeguard which has been provided for Darjeeling District since the very inception of its creation in 1866.

In simple language when this constitutional aspect is translated to common understanding Darjeeling District, within the context of the V Schedule requires to be integrated within the Union of India. As a constitutional perception Darjeeling District is still recognized as an extension of Sikkim and Bhutan, which however, is now neutralized by the former passing a Resolution in the State Assembly withdrawing its right to claim Darjeeling (1835), Kurseong (1835) and Siliguri Terai (1850), South of Rummam river and east of great Rungeet river to Singaleelah range (1861) by transferring this right to the people of Darjeeling District to form a state of its own.

In a similar stance the new Indo-Bhutan Treaty 2007 the document totally omits mentioning the annual gratuity of Rs. 5 lakhs payment to them indicating Bhutan too has withdrawn its right of claim to the ceded territories in 1865 (Kalimpong subdivision and the 18 Dooars).  Incidentally, the 18 Dooars composed of 11 Bengal Dooars and 7 Assam Dooars. The latter under the aegis of Bodoland Territorial Council (BTC) is now integrated within the Sixth Schedule aspects of Assam as a matter of constitutional implication. It would be interesting to know whether the Dooars Terai will be delivered within West Bengal under the VI Schedule in replication to its other counterpart BTC in Assam.

The GTA as a perspection carries no constitutional legality which Darjeeling District   qualifies within the provisions of the V Schedule which mandates the composition of a statutory body Tribes Advisory Council (TAC) consisting of not more than 20 members (15 elected and 5 nominated). This body was first established during 1952-56 under explicit instruction of the President of India as well as the Governor of the State citing Rule 4 of the V Schedule.

This body legally provided specifically on account of Darjeeling District as a Partially Excluded Area, instead was applied by the State somewhat scrupulously to include the entire scheduled tribes of West Bengal. This is perceived to be an infringement of constitution misapplication wherein the rights of the hill people of Darjeeling District was compromised and considered marginalization of the V Schedule safeguard rights. This is of pertinent incident as both the V and VI Schedule areas are provided with financial guarantee by the Centre under Article 275 (1) which is specifically targeted to finance development programs for the ST.

How the State is managing this constitutional provision without the TAC is a question which requires to be answered at some point. In actuality what seems to have been engineered by the State is the creation of DGHC in 1988 to cloak the statutory TAC being seen and receive the Central annual grant under Article 271(1) and use it instead for development plans, without Central sanction. It seems in the same light, the GTA has been created to mimic DGHC and give the State enough time to glut over the revenue resources of the District and once again to waylay the constitutional program of Darjeeling District (without any territorial detachment) into becoming a State. This has been the political stance of the state vis a vis the people of Darjeeling District since past decades.

The present political unit spearheading the statehood demand is a cautious lot and seemed fully aware of its legal posture in demanding a State. This is clearly indicated by the fact the GTA agreement is not signed by the democratically elected representatives of the people but the office bearer of a political party. This confirms that the GTA is not a sellout deal but a temporary relief before the next thrush begins, finally to arrive at a State – which still maybe considered as Gorkhaland, temporarily.  It is expected when Telangana duly receives statehood surely the people of Darjeeling will not remain behind. Or will they? Subhas Ghissing burnt his finger doing so is a lesson for the future generation. (KTPaynee)        

“Government cannot arrest 120 crore Anna Hazares”

Raise your voice against corruption on August 16

ANNA HAZARE

A decisive battle against corruption has begun. We are not against any political party. We want systemic reforms. We want a corruption-free India. After all, what are the people asking for – a strong anti-corruption law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much? For two months, we were talking to the government. Government seems unwilling to take even small steps against corruption. Government appears insincere.

We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from 16 August, the government threatened that they would crush us the way they crushed Baba Ramdev's peaceful agitation.

Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives but will not leave the place. We will not retaliate. It will be a completely non-violent movement.

 “If you fast on 16 August, you will be crushed” – this is what they are saying. “We will impose section 144 on Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his work from 16 August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets. The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country? And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support and wish us well; at Raj Ghat, the policemen donated generously for the movement!

So, will you take off from your work from 16 August? Will you descend on the streets with me?

This year, the country will wait for 16 rather than 15 August.

Ethnic groups in Assam against mega dams, influx

Guwahati, Aug 2: At least 25 tribal and students organisations led by All Assam Students’ Union (AASU) have warned the Congress Government in Assam to face any eventualities if it goes ahead with its mega dam hydro projects in the State.

The protestors held a massive rally here on Saturday in protest against the construction of Lower Subansiri Hydroelectric Project (LSHP).

“Our opposition is only to big dams. We don’t want dams that will ravage a civilization,” AASU general secretary Tapan Kumar Gogoi said.

The LSHP is a central government project which aims to generate 2010 MW of power. It was approved allegedly without any proper study of the geotectonic and seismic conditions.

The study conducted by the expert committee constituting Gauhati University, Dibrugarh University and IIT Guwahati, had highlighted the seismic vulnerability of the dam along with many other design related faults.

"AASU has been asking the state government to halt the ongoing construction for a long time but it's sad that the state government has paid no attention to our demands. We are not against power generation, we are only against the construction of the mega dam. Even the expert committee constituted by state government has scrapped the idea of a mega dam in the region," said ASSU advisor Samujjal Bhattacharjee.

AASU also slammed the state government's reluctance in updating the National Registrar of Citizenship (NRC). "The government is trying to guard a section of the population by not updating the NRC. It is only concentrating on the vote bank politics, ignoring the greater interest of the state and the Assamese community," said AASU president Shankar Ray.

Echoing ASSU's demand, the Takam Mising Parin Kaubang (TMPK), a tribal group, asked the state government to start updating the NRC immediately.

Meanwhile, Rabha Students' Union demanded that the NRC should be updated on the basis of the cut-off year of 1971."The historic Assam Agitation happened to solve the influx problem of the state, followed by the signing of Assam Accord. But neither Delhi nor Dispur is acting efficiently to implement the accord. The NRC should be updated on the basis of 1971 as the cut-off year. Anyone who came after this period should not be considered as the legal citizen of the state," said Raghunath Rabha of Rabha Students' Union.

Tribal body welcomes Gyatso’s appointment as Chief Secy

Gangtok, Aug 2: The appointment of Karma Gyatso, IAS of 1977 batch, as the new Chief Secretary of Sikkim has been welcomed by the Sikkim Bhutia-Lepcha Apex Committee (SIBLAC), an umbrella organization of the State’s indigenous Bhutia and Lepcha tribals.

In a statement, SIBLAC President Tseten Tashi Bhutia said the appointment of Gyatso as Chief Secretary and R. Ongmu as Additional Chief Secretary, both from the tribal community, was “long awaited and deserving appointments.”

Gyatso formally took over from the outgoing Chief Secretary, ND Chingapa, on Monday.

Cong delegation meet Guv on SU land dispute

SIKKIM OBSERVER July 30, 2011

Cong delegation meet Guv on SU land dispute

Pay adequate compensation to landowners:SNPP

Observer News Service

Gangtok, July 29: Former Chief Minister and Sikkim Congress President Nar Bahadur Bhandari has sought Governor BP Singh’s intervention to sort out the growing controversy on Sikkim University’s land acquisition issue.

In a memorandum submitted to the Governor here on Wednesday, the former Chief Minister has urged Singh to initiative action against the State Government for its failure to provide land to Sikkim University in Yangang, South Sikkim.

SPCC sources said the Governor, who met the Congress delegation led by Bhandari, said he would meet the Chief Minister Pawan Chamling and SU Vice-Chancellor Mahindra P. Lama to resolve the land issue of the SU.

Meanwhile, the Sikkim National People’s Party (SNPP) has expressed its concern on the SU land dispute.

In a press statement, SNPP President Biraj Adhikari said, “It is ridiculous that after so many years the land has not been handed over, despite having received the full payment, and is an indicator regarding the government’s apathy towards the future of the younger generation of Sikkimese students.”

He added, “It is also brings to focus the flawed and outright illegal policies the ruling SDF government has been following regarding the alienation of land in Sikkim.”

Adhikari further added, “The SNPP condemns the fact that the Government has gone out of its way, quashing every protection offered by Article 371F, and sold away a large amount of lands to unscrupulous companies in the past, but has not been able to settle land for a University as yet, thereby playing with the future of students in the state.”

The SNPP has demanded that the government take immediate action to hand over the land to the University, with proper compensation to the land owners, at the earliest.

“The compensation to the land holders should be at par with the highest compensation amount given to any individual whose lands were acquired for the scores of power, pharmaceuticals and other industries in the recent past,” the release said.

Reports indicate that landowners in Yangang are unwilling to handover their land to the SU unless the government tells them to do so. They also said they would vacate the land only  after their demands are met.

The lost kingdom: A Kandell in the wind

T. Namgyal

Gangtok, July 29: Photographer Alice S Kandell captured vivid scenes of people and places of the former Himalayan Kingdom of Sikkim during her visits to the hidden land between 1965-1971.

Sikkim received global media coverage during this period when the kingdom was ruled by Chogyal Palden Thondup Namgyal and his dazzling American wife Hope (Cooke) Namgyal.

At least 300 of Kandell’s “extraordinary photographs” were donated to the US Library of Congress in 2010 “to encourage worldwide access”. The webcast from this program, "A Tour of the Lost Kingdom: Sikkim," can be viewed online.

Kandell, Cooke’s college friend, became a frequent visitor to the small, mountainous kingdom and, at the Chogyal’s request, embarked on a project to document the Buddhist way of life in Sikkim.

While travelling extensively through the country, Kandell went high in the mountains to meet farmers and traders and photograph their families and homes. She visited monasteries and attended religious ceremonies with monks and lamas, captivated by the music, masks and dances. She captured formal and informal scenes with the royal family in Gangtok, as well as artisans with their crafts, children in schools and the mountainous landscape, a report said.

"I tried to use my camera to communicate the warmth and openness of the people of Sikkim. I wanted to capture the beauty that is everywhere," Kandell said.

Prince Palden Namgyal of Sikkim, who lives in New York, said "Dr. Kandell’s collection of photographs represents a rare and valuable snapshot of an era that many young Sikkimese have very little knowledge of today. The pictures are not only beautiful but represent an important historical record of our family. More importantly, they capture the culture, tradition and daily life of a far simpler and more innocent time. We are very grateful to the Library of Congress for preserving Dr. Kandell’s collection and making it accessible to all."

Sikkim’s indigenous tribals raise ‘merger issue’ to oppose hydro power projects

WITHOUT FEAR OR FAVOUR

Jigme N Kazi

Gangtok, July 29: The minority indigenous Bhutia-Lepcha tribals, who have always unsuccessfully struggled to preserve their distinct cultural heritage ever since their country’s forceful takeover by its protecting power in the guise of ushering democracy in 1975, has sent a clear signal to the authorities, including the State Government, that they are against multi-crore mega hydel projects in the State.

No one, including the area MLA and Power Minister Sonam Gyatso Lepcha, turned up for last week’s public hearing of the Teesta Stage IV 520 MW hydro electric project in Dzongu in North Sikkim.

“The locals boycotted the public hearing held at Namprikdang as they against hydel projects in Dzongu,” said D. Lepcha, a local resident near the dam site.

North District Collector SK Pradhan, who is the chairman of the public hearing panel, was forced to postpone the meeting as around 300 chairs arranged for the hearing remained empty.

“It is notice that there is no representatives of the actual land owners for the project and there is also no attendance of panchayats or the area MLA,” said Pradhan.

The project, heavily opposed by the tribals, is being implemented by the NHPC.

Much the same fate hangs for hydel projects in the remote tribal villages of Lachen and Lachung, which are inhabited largely by tribals of pure Bhutia stock.

“We remain firmly opposed to hydel projects in Lachen,” said R. Namgyal Lachenpa, a villager from Lachen.

Meanwhile, the Sikkim Bhutia-Lepcha Apex Committee (SIBLAC) has petitioned Governor BP Singh seeking his intervention to stop two hydel projects in West Sikkim – 96 MW Ting Ting project and 97 MW Tashiding project – on religious and historical grounds.

SIBLAC and Affected Citizens of Teesta (ACT), two non-political organisations of the minority Bhutia-Lepchas of the State, while opposing the projects, had appealed to the affected parties to boycott public hearing of the Dzongu hydel project.

“We are opposing the proposed hydel projects on our sacred Rathong Chu as the holy river is sacred to Sikkimese Buddhism,” said SIBLAC Convenor and former minister Tseten Tashi Bhutia.

 In a memorandum dispatched to President Pratibha Patil, the National Sikkimese Bhutia Organisation (NASBO), while opposing hydel projects on Rathong Chu river in Tashiding, urged the President to “review” Sikkim’s “annexation” with a view to making suitable “arrangements” for the survival of the indigenous people in the State.

“Sikkim was annexed with the great Indian Union in 1975 wherein, the Government of India assured the Sikkimese people of all sorts of protection and preservation of its lineage, tradition and culture,” the memorandum said.

EDITORIAL

CONGRESS DITHERS

UPA Falters On Anti-Corruption Drive

The Union Cabinet’s approval of a “weak” Lokpal Bill and Karnataka Chief Minister B S Yeddyurappa’s decision to step down on alleged charges of corruption are twin issues that will place the UPA Government in a tight position during the ensuing Monsoon session of the Parliament. The BJP top brass has admitted that BSY’s continuance in office after the Lokayukta report was out in the public domain would weaken the party’s fight against corruption. With civil society expressing their disappointment with the Lokpal Bill the BJP is now in a position to be more aggressive with the Congress party and the UPA Government to crackdown on corruption in high places. The party has already demanded the resignation of the Prime Minister and Union Home Minister for their alleged involvement in the 2G scam. The revelation of former telecom minister A. Raja on the 2G scam is making things more difficult for the Congress-led UPA Government.

Social activist Anna Hazare’s decision to go on indefinite hunger strike from August 16 next month to raise the pitch against corruption in high places will surely go a long way in galvanizing public sentiment against corruption and the UPA, which now appears to be on a backfoot on the corruption issue, will surely feel the heat in the days and months to come. Congress leaders, whose recent statements that the enactment of the Lokpal Bill should be left to legislators while discouraging civil society to keep away from such activities, now stand fully exposed as the Lokpal Bill now appears to be an ineffective tool to tackle the rampant corruption that is eating into the nation’s heart.

CBI submits report to AP High Court on Jagan Reddy’s assets

SC turns down Jagan’s plea, allows HC probe

Observer News Service

New Delhi, July 29: The Central Bureau of Investigation (CBI) on Tuesday submitted findings of a preliminary inquiry into the assets of businessman-politician Y.S. Jagan Mohan Reddy to the Andhra Pradesh High Court, which had ordered the probe to determine if sufficient grounds existed for a full investigation of allegations that he amassed wealth disproportionate to his income.

On 12 July, the High Court ordered the preliminary inquiry after P. Shankar Rao, a minister in the Congress state government, alleged in two letters that Reddy possessed assets disproportionate to his income. Similar petitions were filed by some leaders of the opposition Telugu Desam Party (TDP).

The court treated Rao’s letters as public interest litigation (PIL) and asked CBI to file a report in two weeks. Executives of around 23 companies that invested in business entities linked to Reddy were interrogated by CBI, India’s premier investigating agency, in the preliminary probe. The agency also sought information from the revenue, income-tax, mining and industries departments.

Jagan Mohan Reddy, son of late Andhra Pradesh chief minister Y.S. Rajasekhara Reddy, resigned from the Lok Sabha seat and the Congress party in November last year and floated the YSR Congress Party recently.

Relations between him and the Congress soured following his father’s death in a September 2009 helicopter crash.

Reddy, who publishes Telugu newspaper Sakshi (Witness) and runs a television channel of the same name, tried to stall the preliminary inquiry by moving the Supreme Court, which refused to interfere in the probe.

On Friday, a bench comprised of justices Dalveer Bhandari and Deepak Verma said the High Court had the power to ask for an inquiry and if there was no merit in the allegations, the court could dismiss the matter.

The complaints allege that Jagan acquired assets worth hundreds of crores of rupees from various companies and individuals as a quid-pro-quo for the land allotted and licences granted to them at cheaper prices for various activities when his father  was chief minister between 2004 and 2009.

They had further alleged many companies received undue benefit through questionable methods from the state government.

Majority of Jagan's assets are in the form of bonds and shares in various private firms, including Bharati Cements and Sandur Power Project company.

Jagan is believed to have a substantial stake in the 1200 MW Teesta Stage III hydro electric project in Chungthang, North Sikkim, being executed by M/s Teesta Urja Limited. (see page 4 for full report).

BJP heat on health dept on items supplied

By A Staff Reporter

Gangtok, July 29: The Sikkim unit of the BJP has accused the State Health Department of procuring “substandard equipments and chemicals” from M/s Mittal Trading Company and Brothers.

In a letter to the Chief Secretary and the Secretary, Health Care, Human Services and Family Welfare Department, Govt. of Sikkim, BJP President Padam Chettri has demanded immediate probe into the alleged substandard equipment and chemicals supplied to the Health Department in the past 15-20 years.

During the party’s recent visit to the local STNM Hospital, district and sub-divisional hospitals, PHC and PHSC “it was found that most of the equipments were lying idle. One of the reasons for this could be substandard of equipments, and chemicals supplied.”

“It is also understood that the rate at which equipments and chemicals supplied is sometimes more than 400% higher than the actual price,” the letter said.

The BJP has threatened to approach “appropriate forum” if the firm is not “blacklisted” and “further supply” from it stopped.

PEOPLE WANT TO KNOW People Have A Right To Know

TEESTA UPRISING: GREED vs FEAR

In the light of the re-emergence of anti-hydro power project campaign in the tiny Himalayan State, Sikkim Observer makes public the following information for public debate and discussion.

Sikkim may re-award cancelled MoUs for hydropower projects

VENUGOPAL PILLAI

Re-awarding of cancelled agreements for hydropower projects is an option that Sikkim government is pursuing, Pema Wangchen, Secretary, Energy & Power Department, Government of Sikkim, told Projectmonitor.

Over the past two months, Sikkim has cancelled 11 agreements that it had entered with private sector entities to develop hydropower projects under concession agreements. Wangchem, however, said that the state government was awaiting legal opinion as one of the affected private companies, Madhya Bharat Power Corporation, had moved the Sikkim High Court challenging the abrogation of its 96-mw Rongnichu power project.

Several private sector companies have shown interest in developing hydropower projects but the final decision can be taken only when the court verdict in the Rongnichu case is delivered, Wangchen explained.

Over the past few years, Sikkim had signed agreements for developing 27 hydropower projects aggregating 5,527 mw, most of which were scheduled to commission within the 11th Plan period (before March 2012). Explaining the rationale for cancelling the agreements, Wangchen said that most of them were cancelled due to extremely slow progress from private developers. In many of the cases, leave alone construction work, even detailed project reports were not prepared, he said. Four projects were cancelled due to environmental reasons, and in response to agitation by local group Affected Citizens of Teesta (ACT). The projects so withdrawn are Ringpi (90 mw), Rukel (33 mw), Rangyong (117 mw) and Lingza (120 mw). The first two projects were, however, not yet awarded to any company, Wangchen said.

The 11 cancelled projects involved a total power capacity of 732 mw, and as such, are expected to have an adverse impact on Sikkim's 11th Plan capacity addition programme. Wangchen, however, maintained that the remaining projects were progressing well and that during the 11th Plan at least 2,000 mw of new capacity was expected to materialise. Most of the capacity would be from the 1,200-mw Teesta (Stage III) project in North Sikkim district that is being developed by Teesta Urja Ltd. Besides Teesta III, a "few more" projects would be commissioned in the ongoing Plan period, Wangchen said, without elaborating. Construction on Teesta-III, in which the Sikkim government also holds equity, began in June this year.

Hyderabad-based Gati Infrastructure also began work on its 99-mw Chujachen hydropower project in East Sikkim district in June last year. The project is scheduled for commissioning in 2010. Interestingly, agreements for two other projects of the same promoter—Bhasmey (32 mw) and Sada Mangder (71 mw)—were cancelled due to slow progress. A spokesperson of Hyderabad-based Himagiri Hydro Energy Pvt. Ltd also confirmed to Projectmonitor that work on its 300-mw Panan project in North Sikkim had begun.

The tiny hilly state got a major boost when Central hydropower major NHPC Ltd commissioned the 3x170-mw Teesta (Stage V) project in March this year. All the three units are now operational at full load, Ram Swarup, a senior project official of NHPC in Sikkim, told Projectmonitor.

NHPC also operates the 60-mw Rangit hydropower project and is today the single largest contributor to Sikkim's power availability. NHPC is also implementing the Teesta (Stage IV) hydropower project in North Sikkim district. A.K. Chaudhari, Chief Engineering (Teesta IV), NHPC, told Projectmonitor that the detailed project report was ready but construction work had yet to begin. He also said that the envisaged capacity had been revised upwards from the earlier 495 mw to 520 mw (four units of 130 mw).

Projectmonitor's efforts to contact most of the promoters of the cancelled projects were unyielding. However, a spokesperson of Orissa-headquartered Coastal Projects Pvt. Ltd that was awarded the 40-mw Rateychu-Bakchachu project in North Sikkim district said that the project was in a "nascent stage" and admitted that the DPR was not yet ready. By original timelines, the same was expected by March last year.

Sikkim State Power Development Corporation, the state government-owned power generation company, currently has only 37 mw of operational power capacity. Of this, 32 mw comes from hydropower projects (including micro projects) and two diesel-fired power plants aggregating 7 mw. NHPC has 570 mw of capacity coming from Rangit (60 mw) and Teesta-Stage V (510 mw). Thanks to Teesta-V from which Sikkim gets 12 per cent of the power generated, power availability in the hilly state has vastly improved. In the first quarter of 2008-09, total power generated in Sikkim was 479.45 Gwh compared with a meagre 95.31 Gwh in the same quarter of 2007-08. [Projectmonitor, August 4-10, 2008 - weepingsikkim.blogspot.com]

"Only after the last tree has been cut down, only after the last river has been poisoned, only after the last fish has been caught, only then will you find that money cannot be eaten."
Cree Prophecy

IN LOVING MEMORY OF Ms CHUKIE TOPDEN - 26th November, 1954 -6th April, 2009

A Social and Environmental activist, Member of SAFE (Sikkim Association for Environment), and a dear friend of Affected Citizens of Teesta (ACT). She never feared to speak the truth to save Sikkim from the dangers of Environmental degradation and against mega hydel projects threatening our landscape. She will always be remembered and respected for her dedication in highlighting the most pertinent environment and social problems that all Sikkimese people face in these times and in the days to come.

Teesta Urja’s Chungthang hydel project

Teesta Urja Limited is seemingly on track to achieve the accelerated commissioning of schedule of March 2012 for commissioning all the six 200 MW units of the 1,200 MW Teesta Hydro Electric Project (HEP) Stage-III, in the North Sikkim district of Sikkim.

While as per the original schedule, only the first three units were slated to be commissioned in the 2011-12 fiscal, leaving the remaining units for 2012-13,  the optimistic project developer is entertaining high hopes of putting the entire project on the bus bar within the 11th Plan.

Importantly, around 11.3 km of head race tunnel (HRT) excavation work has already been wrapped up, out of the total 13.816 km. Besides, 94% tail race tunnel (TRT) excavation is completed, while excavation of diversion tunnel, flushing tunnel heading and all the access tunnels have also been completed.

The 1,200 MW HEP involves construction of a 60 m high Concrete Faced Rockfill Dam (CFRD), near the village Chungthang, 400 m downstream of the confluence of the rivers Lachen Chu and Lachung Chu, and a 13.32 km long horse-shoe shaped HRT, with a diameter of 7.5 m for discharge of 175 cumecs of water. The project would include an underground power house for housing six shaft pelton wheel turbines of 200 MW capacity, each. The project, upon completion, is expected to generate 5,183 Giga-watt hour (GWh) of energy per year, assuming 90% performance levels. The project cost is estimated to be around Rs 5,705.55 crore.

TUL, a special-purpose-vehicle (SPV) floated for implementation of the HEP, was awarded the project, on a build-own-operate-transfer (BOOT) basis, by the Government of Sikkim, which holds 26% of the equity of the company. TUL would be responsible for operating and maintaining the project for a period of 35 years subsequent to commissioning. (December 28, 2010)

Poor track record of Athena at Teesta III project in Sikkim

Athena Power Company that has been given the right to develop the massive 1750 MW Demwe Lower project in Arunachal Pradesh has a poor track record going by the records. The same company which is one of the debutants in power sector is developing the 1200 MW Teesta III hydropower project in Sikkim.

Teesta III Hydropower project: This 1200 MW project is being executed in Sikkim by M/s Teesta Urja Limited. Teesta Urja Ltd is also an Athena Group company. The Expert Appraiisal Committee (EAC) for the River Valley and hydropower projects of the Union Ministry of Environment and Forests, in its minutes for the April 21, 2009 meeting notes with reference to the Teesta III project, “It was seen during the field visit that the excavated materials are dumped on the slope of the Teesta River without constructing the retaining wall. There was every possibility of the excavated material going down in the river with heavy rain, as the rainy season has already started.” Such dumping of the excavated material is in complete violation of the Environment Protection Act and also the conditions of clearance given to the project. The EAC response was totaly inadequate, “The committee directed the project authorities to carry out the construction of retaining walls immediately at all muck disposal sites, before the actual construction takes place.”

    Moreover in December 2008, the Central Electricity Authority of Govt of India observed that Teesta Urja had made serious deviations from the approved DPR (detailed Project Report) for the 1200 Mega Watts Teesta III project and this was brought to the notice of the Expert Appraisal Committee (EAC) for River Valley and Hydro electric projects of Ministry of Environment and Forests on January 1, 2009 by civil society groups. This issue was discussed in the April 21, 2009 EAC meeting and the minutes note, “changes adopted by Teesta Urja contravene environmental clearance accorded on 3rd August, 2006, as per the recommendations made by the EAC and the project was issued environmental clearance with a condition that:- In case of change in the scope of the project, project would require a fresh appraisal”.

The Carrying Capacity Study of Teesta Basin in Sikkim by Centre for Inter Disciplinary Studies of Mountain & Hill Environment (CISMHE), notes that Chungthang, the location of the Teesta III project is one of the areas where high diversity of mammals, birds and reptiles is found. Further, the conclusion of the CISMHE study (page 80-81) is unequivocal, “Looking at the number of species of studied taxa and endemic exclusive and endangered species of studied taxa, Zone III is very sensitive and if the development project (stage-III) is executed in this zone (1800-2800 m, Temperate broadleaf forest, near Chungthang), an irreversible ecological damage is expected with respect to biological environs.” The report further says (page 210), the project would lead to loss of biological “wealth which is unique to this region”. Shockingly, the EIA of the project found no wildlife in the project area. It is clear that the EIA of the project was of very poor quality.

It is clear that the Athena, which otherwise has no experience of building large hydro projects, has very poor track record at the only place where it is building a mega hydro project. Such a company cannot be trusted with the biggest private hydro project of the country so far, that too in a pristine area and a state where a private project of any magnitude is yet to be taken up.(www.arunachaltimes.com)

Chamling lays foundation stone of 1200 MW Teesta Stage III power project in Chungthang

Chungthang, June 15: The Chief Minister, Pawan Chamling, has welcomed and appreciated the decision of the Affected Citizens of Teesta (ACT) to withdraw their indefinite hunger strike. He was speaking at the foundation stone laying ceremony of the 1200 MW Teesta Stage III hydro electric project here today.

While stating that the main aim of the State Government is to bring about economic and infrastructure development through hydel power plants, the Chief Minister said the Panan hydro electric power project in Dzongu would not be scrapped. “The other four projects located in Dzongu, which was supposed to be implemented, stands scrapped,” he said.   

   Speaking on the Teesta Stage III project, Mr. Chamling said that a two-storied building would be constructed for those people whose land has been acquired by the government for the power project here. “The project on completion would supply 12% free power to the State Government for the first 15 years and 15% free thereafter. Full ownership would be transferred to the government after 35 years, which would significantly contribute towards GDP revenues and overall development of the State,” Mr. Chamling said.

He further said that the power project will bring in economic boom for the people.

The Chief Minister also urged the promoters of Teesta Stage III to cater to all the demands of the local people, which include the construction of a Community Center, maintenance of roads, school repair, construction of monasteries, drinking water supply and the construction a statue of Guru Padmasambhava.

Stressing on the point that stopping on-going work at hydel projects even for a day means a loss Rs 500 crore, the CM said that the local people would get 80 % job placement facilities as per the guidelines given by the State Government. On the occasion, Mr. Chamling also made an announcement to rename Lingdong Secondary School as Sonam Chyoda Secondary school in memory of the late MLA from Dzongu.

The 1200 MW project has been awarded to the consortium of promoters led by M/s Athena Projects Private Limited under the joint sector with the State Government under BOOT (build, own, operate and transfer) basis for a period of 35 years. Athena Projects in turn formed a Special Purpose Vehicle (SPV)-Teesta Urja Ltd- for the implementation for this project. The Teesta III is the largest power project in the State.

Earlier, the Managing Director of Teesta Urja Private Limited, YN Apparao while placing the technical detail of the project. Stating the project as totally environment friendly, Mr. Apparao said there would be two underground desilting cambers of size 285X16mX21.2m each to exclude silt particles above 0.20 mm. “There will be 60m high concerted faced rock fill dam, two numbers, 11.0 m finished diameter tunnels, one intake tunnel, two desiliting chambers, headrace tunnel, two pressure shafts, underground power house complex, tailrace tunnel and pothead yard,” he informed. The project has received all the statutory clearances from the concerned authorities, he added.

At the end of the programme, the people of North Sikkim felicitated the Chief Minister. The Area MLA, Lachen Mangshila, Hissey Lachungpa and MLA, Dzongu, Sonam Gyatso Lepcha also addressed the gathering. (Sikkim Express June, 2008)

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