Sikkim Observer May 17, 2012

 ‘STATE DAY’

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

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

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

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

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

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

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

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

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

Sikkim Govt has no shares in Teesta project: report

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Delay denies withdrawing CBI plea against Chamling

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

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

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

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

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

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

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

Bhandari for opposition unity to oust Chamling

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

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

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

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

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

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

China denies Dalai Lama’s allegation

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

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

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

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

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

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

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

Sikkim, Northeast still under big quake threat: scientists

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

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

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

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

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

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

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

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

Editorial

SIKKIM ISSUE

Swallowed Up In Silence

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

Gorkha League to observe Madan Tamang death anniversary on May 21

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

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

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

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

Youth body for Press freedom, condemns threat to scribe

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

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

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

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

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

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

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

HOW THE KINGDOM OF SIKKIM BECAME A STATE OF INDIA

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

Early History

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

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

During the British Raj

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

After Indian Independence

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

22^nd State of India

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

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

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

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

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

SIKKIM OBSERVER         May 12, 2012

Delay Namgyal sought withdrawal of graft plea against Chamling from Supreme Court on March 22

Gangtok, May 11: Delay Namgyal Barfungpa and Pema Dadul Bhutia have decided to withdraw their petition from the Supreme Court against the State Government’s refusal to allow the CBI to probe corruption charges against Chief Minister Pawan Chamling and his Cabinet members.

The two had filed an application before the apex court on March 22, 2012 to withdraw their plea against the State Government, stating that while it was financially and logistically inconvenient for them to pursue the case in the apex court, a similar writ petition was pending before the High Court of Sikkim.

In their application to the apex court, the duo have stated: “That the above writ petition is pending before this Hon’ble Court is presently at the stage of notice. That just recently the petitioners have come to learn that a Writ Petition being Petition (C) No. 54 of 2011 filled by one Janga Bir Darnal on 14.12.2011 is pending disposal in the Hon’ble High Court of Sikkim raising therein similar question as in the present Writ Petition, one of them being the legality and validity of the withdrawal of consent under Section 6 of the Delhi Police Establishment Act., 1986 by the State Government.”

As a decision in Darnal’s writ petition “would determine the question in controversy to the satisfaction of the Petitioner herein, it would be convenient both physically and monetarily for them, who are the residents of Gangtok, Sikkim to pursue the above case in Sikkim.”

“That for the reason aforesaid this petition being filed seeking leave to withdraw the present Writ Petition,” Namgyal and Bhutia said in their withdrawal application.

When the duo filed their petition before the Supreme Court in January, the apex court issued notice to the Central and State governments, and the CBI to respond to the serious allegations of corruption against Chamling and other ministers of his government.

A bench of Justice R.M. Lodha and Justice H.L. Gokhale issued notice on a petition by Barfugpa seeking the quashing of July 21, 2010 notification.

The petitioner at that time said that CBI has enough proof of Chamling and his colleagues’ alleged involvement in corrupt practices. Prior to the notification there was a general consent under which CBI could proceed against any official of the State or the central government in the State without any sanction.

In December 2012, the CBI asked the State Government for permission to prosecute Chamling and was reportedly turned down.

Chamling, who heads the Sikkim Democratic Front, has been the Chief Minister of Sikkim since 1994. Presently, all the 32 seats in the Assembly belong to the SDF.

Assembly seats are reserved for Bhutia-Lepchas as per 1973 pact: Centre

BJP MP raises Limbu-Tamang seat reservation issue in Lok Sabha

Gangtok, May 11: The minority Bhutia-Lepcha tribals got another endorsement from the Centre on the seat reservation issue in the Sikkim Legislative Assembly. It has categorically stated that the 12 seats reserved in the Assembly are meant for the minority community on the basis of its ethnicity and not for their scheduled tribe status.

In response to a query from the BJP MP, Balkrishna K. Shukla, on the Assembly seat issue of the Limbus and Tamangs of the State, who were declared STs in 2002, Union Minister of Law Salman Khurshid last week in the Lok Sabha said the 12 seats reserved in the Assembly for the Bhutia-Lepchas were as per the historic Tripartite Agreement of May 8 1973 between the Government of India, the Chogyal of Sikkim and leaders of political parties of Sikkim.

Referring to Assembly seats reserved for the Bhutia-Lepchas, Khurshid said, “…12 seats are reserved for Bhutia-Lepcha not as Scheduled Tribe but as sequel to political agreement in the year 1973 between Government of India, ex-Chogyal of Sikkim and Political Parties of Sikkim.”

He said seat reservation of the Limbus and Tamangs would depend on the latest population figure of the State as per 2011 Census.

“It is learnt form Office of the Registrar General of India that even though population enumeration exercise has been completed, it would require more then a year to get the individual Scheduled Castes and Scheduled Tribes figures to be finalized and published,” Khurshid said and added, “Hence, a decision regarding reservation of seats for scheduled tribes, Limboo-Tamang, Bhutia- Lepchas etc. will depend on individual population details of Scheduled Castes and Scheduled Tribes figures based on 2011 census which is still awaited.’’

Referring to the seat reservation issue in the Assembly, the Union Law Minister also stated, “Any increase / decrease in the present status could be considered only after wider debate from all the Stake holders in the State of Sikkim.”

Sikkim BJP chief Padam Chettri said the people of Sikkim are grateful to the BJP for raising the issue in the Parliament on May 3. He alleged that even the two MPs from Sikkim have not raised the issue in the House and have “completely ignored the burning issue.”

“The Limboo and the Tamangs were declared as Scheduled Tribes in 2002. Since then the Census of India has been conducted and the population figures of the two tribes are available. I do not see any reason why the reservation of seats for them should be delayed any longer,” Chettri said in his letter of thanks to Shukla, who is in-charge of the State unit.

SC directs Centre to probe graft charges against ex-CJI Balakrishnan

New Delhi, May 11: The Supreme Court on Thursday directed the Centre to appoint a competent authority to look into the allegation of judicial misconduct against National Human Rights Commission (NHRC) Chairman and former Chief Justice of India (CJI) KG Balakrishanan during his tenure as judge in the apex court.

A bench of justices B S Chauhan and J S Khehar said if there is any truth in the allegations, then it is for the President to make reference to the Supreme Court, on the advice of Council of Ministers, for inquiry against the former CJI.

 Saying that the allegations made against former CJI have given rise to a 'peculiar situation', the Supreme Court asked a competent authority of the Centre to look into charges of misconduct against him, PTI reported.

The court was hearing a PIL by civil society Common Cause, which had alleged that the ex-CJI and his relatives amassed wealth far exceeding their legal income through benami transactions during Balakrishnan's tenure as an apex court judge.

Besides allegations of misconduct against Justice Balakrishnan, it has also been alleged in the public suit that his two sons-in-law and brother amassed wealth disproportionate to their known sources of income when he was in the Supreme Court from 2007 to 2010.

The SC asked the Centre to refer it to the President and see if there was any prima facie evidence to support the allegations.

If found alternatives, the President should follow the procedure prescribed under section 5(2) of the NHRC act, 1993 for his removal as NHRC chairperson.

The provision prescribes the President to refer the matter to the Supreme Court, which will form a committee to inquire into the allegations independently.

A provision under the Human Rights Act says the NHRC chairperson or its members cannot be removed from their offices unless the President of India orders it on the ground of proved misbehaviour, ascertained by the Supreme Court after an inquiry on President's reference for the probe.

A Bench of Justices B S Chauhan and J S Khehar had on Monday reserved its verdict on the petition, which also sought its direction to government to make a Presidential reference to the apex court for the removal of former Chief Justice of India Balakrishanan's removal as the chairman of National Human Rights Commission.

Justice Balakrishnan had been elevated as a Supreme Court judge in June 2000 and was appointed the Chief Justice of India on January 14, 2007. He retired on May 12, 2010 after which he was appointed NHRC chairman.

In the last hearing on March 12, the Centre had told the Supreme Court that it is probing into the allegations that Balakrishnan and his relatives had amassed disproportionate assets during his tenure as judge and submitted a probe status report to it in a sealed envelop.

The court after going through the report asked the government to tell it as to what further action it intended to take on allegations against former CJI and granted three weeks to apprise it of its intended actions.

Sikkim High Court never asked govt to pass destruction of records bill: BJP

Gangtok, May 11: The State unit of the BJP has revealed that the High Court of Sikkim had nothing to do with the controversial bill of the Sikkim Legislative Assembly aimed at destroying past records and documents of the State Government.

OP Bhandari, OSD (Legal) to Chief Minister Pawan Chamling, recently made a complaint to the High Court regarding criticisms of the Opposition to the Sikkim Disposal and Destruction of Documents and Records Bill, No 25 of 2012, which was introduced, considered and passed on March 20, 2012 in the Assembly.

According to Bhandari, it was as per “the desire” of the High Court that the Bill was proposed to the Government for legislation. In order to “give due regards and honour of the decisions of the Hon’ble High Court of Sikkim,” the State Government “felt it necessary to pass a bill in the Sikkim State Legislative Assembly and therefore the said bill was unanimously passed by the House”, Bhandari said in his complaint to the High Court.

“The Opposition Political Parties are not aware that to criticize and comments on the decision of the courts amount to contemptuous and the person or organization criticizing the decision or proposal of Court are liable to be viewed adversely,” Bhandari added, according to BJP Sikkim unit chief Padam Bahadur Chettri.

 “As such, I consider it my bounden duty as necessary to write a complian/ letter addressing to the Registrar General of High Court of Sikkim, annexing all the documents/newspapers and letter and other evidence about the criticism made by the various quarter about the said bill, to request the Hon’ble Court to take cognizance of the Offence made by the Opposition Political Parties for registration of contempt of court proceedings against them, if it is attracted for commenting and criticizing against the desire of Hon’ble Court,” Bhandari said in his letter.

The High Court, however, has denied Bhandari’s views that it was on the High Court’s advice that the Bill was passed in the Assembly. It reacted, “There are no correspondences/ documents on the Bill between the High Court and the Government”.

It said, “High Court never desired the bill to be enacted by the State Government” and added, “High Court did not ask State Government to bring the bill in the Assembly so the question of quoting law as requested does not arise”. (Himalayan Guardian)

Centre to send fact-finding team to Sikkim on hydel projects

Gangtok, May 11: The National Board for Wildlife of the Ministry of Environment is likely to send a fact-finding to the State to assess all hydropower projects in the State following complaints lodged before it on the fallout of these projects on the State’s rich cultural and natural heritage.

This was revealed by a high-powered delegation of the minority indigenous Bhutia-Lepcha tribals which is presently camped in New Delhi and apprising the Central leadership of the need to preserve the State’s unique cultural heritage.

According to Tenzing Bhutia, spokesperson of the delegation, the team is being led by former minister and Convenor of Sikkim Bhutia-Lepcha Apex Committee (SIBLAC).

Led by SIBLAC chief, members of the National Sikkimese Bhutia Organisation (NASBO 371F), Monks of Sikkim and Denjong Chyarig Chogpo met the Chairman of the National Minority Commission Wajahat Habibullah at his office in Lok Nayak Bhawan on Tuesday and expressed their thanks and gratitude for all the support and guidance being given to the Sikkimese people from time  to time.

The delegation requested the Chairman to declare the Lepcha reserve of Dzongu in North Sikkim as National Heritage Zone with a view to preserving their culture and political rights of the fast-vanishing Lepcha tribes.  The formation of State Minority Commission in the State was also raised with the Chairman.

The delegation apprised the ministries of Home and Environment of the need to save Sikkim by scrapping a number of hydel projects such as 97 MW Tashiding and Lethang hydro-power projects in West Sikkim. Officials of these ministries were also briefed on the various issues relating to Sikkim, the spokesperson said.

 “The delegation appraised the National Board for Wildlife on the latest of the controversial hydro-power projects, particularly those that has posed threats to the Sikkimese dharma and lineage,” a press release of the delegation said.                                                                                                        

JUDICIARY SUPREME                                                                                                                                                                     

Supreme Court Shows The Way

The Supreme Court has finally nailed its former Chief Justice, KG Balakrishnan. It has asked the Centre to appoint a “competent authority” to probe into charges of corruption and judicial misconduct against the former CJI, who is presently Chairman of the NHRC. Balakrishnan should honour the Court’s verdict and quit his office to pave way for a fair probe. In another controversial matter, the  five-judge bench of the apex court headed by CJI SH Kapadia  on Friday has issued notice to all states and PIL litigants in the 2G scam case on Presidential reference seeking its opinion on whether auction was the only method for allocation of natural resources including spectrum. The Supreme Court had earlier cancelled 122 2G licences, allotted during the tenure of former Telecom Minister A. Raja, who has been jailed for alleged corrupt practices and is undergoing trial. When the executive and the legislature are hand-in-glove in looting the people it is the judiciary’s sacred responsibility to act tough and show the way.

In yet another controversial issue, which has been hotly debated publicly in Sikkim, the Supreme Court has transferred a writ petition on the 97 MW Tashiding hydropower project in west Sikkim  filed before it by concerned Sikkimese, to the High Court of Sikkim mainly because the issues raised in the petition are “local in nature.” How thoughtful of the apex court to think that way and allow the High Court to look into the matter. After keeping the case pending for a long time former CJI Balakrishnan said it was not the court’s duty to direct the CBI to probe into charges of corruption against Chief Minister Pawan Chamling and his associates and left it to the petitioners to approach investigating agencies on the matter. The reported withdrawal of the graft petition against Chamling by some Congress leaders after Balakrishnan’s verdict is followed by yet another petition filed before it in January this year on the same issue. How the apex court reacts to the request for withdrawal of the writ petition by petitioners Delay Barfungpa and Pema Bhutia is being closely watched.

The people of India look to the Supreme Court as an instrument of social justice and a guarantor of the great ideals enshrined in the Constitution. When the political leadership and the bureaucracy show a callous indifference and insensitivity to its mandatory duties which affect the basic rights of the people and when the law enforcing agencies exhibit their brutality in the process of implementation of law, should the court remain a passive observer of the scenario?

The judiciary must strive to maintain the respect it commands amongst the masses for its independence and integrity. If the Court has become increasingly effective in its role as the final arbiter of justice, it is because of the confidence the common man has placed in it. Its strength lies largely in the command it has over the hearts and minds of the public and the manner in which it can influence and mould public opinion, as the distinguished French author Alexis de Tocqueville describes, the power wielded by judges is the power of public opinion.The citizen's disillusionment with almost all our public institutions and functionaries has reached nearly its melting point in this country. In that context, his last hope is the Supreme Court. Hence, it is important that the Court maintains its effectiveness undiminished and reputation unsullied.

CBI freezes bank accounts of Reddy’s firms

Hyderabad, May 11: The Central Bureau of Investigation (CBI) on Tuesday froze the bank accounts of Jagati Publications, Indira Television Ltd and Janani Infrastructure owned by Kadapa MP Y.S. Jaganmohan Reddy in the illegal assets case.

Jagati Publications and Indira Television run Sakshi Newspaper and Sakshi TV, respectively.

The CBI had directed State Bank of India and Oriental Bank of Commerce to freeze the accounts of these firms in their city branches as they could have “ill-gotten’’ money.

The investigating agency had so far filed three charge-sheets in the case. The 88-page chargesheet names Jagan as accused No. 1 and has five others as accused, including a serving Indian Administrative Service (IAS) officer, according to agencies.

The CBI had filed the first chargesheet on March 31, followed by a second one on April 23. CBI sources say more chargesheets are likely to be filed as the investigation into the case proceeds.

The third chargesheet contains details of undue favours granted to a company called Ramky Infra during Jagan's father and former Andhra Pradesh chief minister YS Rajashekhar Reddy's regime. Ramky Infra has been accused of depositing a huge sum of money in the accounts of Jagathi Publications owned by Jaganmohan Reddy.

The accused are Jaganmohan Reddy, Vijay Sai Reddy (Jagan's auditor), Jagathi Publications, Ramky group chairman Ayodhya Rami Reddy, IAS officer G Venkat Reddy and Ramky Pharma Ltd. G Venkat Reddy is currently the district collector of Srikakulam.

All the three chargesheets have been filed following investigations into the disproportionate assets case against Jagan.

Meanwhile, the Telugu Desam Party and Communist Party of India (Marxist) on Tuesday wondered why the CBI was not arresting Reddy in the disproportionate assets case despite naming him as the prime accused in three charge-sheets filed in the court.

"The CBI owes an explanation to the people on the Jagan issue. Otherwise, the CBI will be making the sobriquet Congress Bureau of Investigation true," CPI-M Politburo member and State Secretary BV Raghavulu said.

Sikkim awards for 29 notable citizens

Gangtok, May 11: The State Government has instituted the Sikkim State Civilian Awards with a view to encouraging people to make notable contributions in their respective fields.

This was stated by Secretary Cultural Affairs and Heritage Department Secretary Nalini G. Pradhan during a press conference here on Wednesday.

Pradhan, who was accompanied by Secretary IPR Department KS Tobgay during the press briefing, said  the Sikkim State Civilian Awards is conferred in three categories, namely: Sikkim Ratna (Category-A), Sikkim Sewa Ratna (Category-B) and Sikkim Sewa Samman (Category-C).

Pradhan said the State’s highest civilian award is given in all disciplines of activities namely social services, sports, music & arts, literature, trade and industry etc. 

For the year 2012 no one has been recommended for Sikkim Ratna. However, nine persons have been recommended for Sikkim Sewa Ratna and twenty persons for Sikkim Sewa Samman.

The presentation of these awards will be made on May 16 (State Day) each year.

SC transfers Tashiding hydel project case to Sikkim High Court

Issues raised in the petition are local in nature: Supreme Court

Gangtok, May 11: The Supreme Court has transferred a petition filed before it on the controversial Tashiding hydropower project in west Sikkim to the High Court of Sikkim.

   Responding to writ petitions filed before it by Tenzing Bhutia and others, the two-judge bench of the apex court consisting Justice Altamas Kabir and Justice Surinder Singh Nijjar on Tuesday said as the issues raised in the petition are “local in nature” it should appear before the High Court under Article 226 of the Constitution.

“Accordingly, let the writ petitions…. be transferred to the Sikkim High Court” and “be treated as writ petitions under Article 226 of the Constitution,” the order said.

Article 226 of the Constitution gives the High Courts the power to issue certain directions, orders or writs to any person or authority, including governments, on matters placed before it.

“The question raised in these writ petitions under Article 32 of the Constitution should, in our view, be first considered by the Sikkim High Court under Article 226 of the Constitution,” the order of the apex court said after hearing the petitioners’ counsel Prashant Bushan.

It added, “There are various issues involved which are local in nature and should be considered at that level.”

While disposing of the petition, the court directed the registry to “arrange for transferring the records of the writ petitions to the Sikkim High Court, within a week from date.”  “Liberty is given to the petitioners in these writ petitions to mention the matter before the Sikkim High Court for taking up the matters at an early date,” the order said.

According to Bhutia, the 97MW Tashiding hydel project is not only anti-people but also illegal. “The project violates applicable laws relating to religious sites as well as to the environment and ecology,” Bhutia said.

The writ petition has urged the apex court to issue an order directing financial institutions such as the World Bank and Asian Development Bank to stop funding the project, Bhutia said.

CVC to provide timely solution to graft complaints

New Delhi, May 11: After noting instances of delay in attending to graft cases by certain departments, the Central Vigilance Commission (CVC)  has decided to modify its policy to ensure timely resolution of complaints on corruption.

Officials said the anti-corruption watchdog is devising ways by which citizens' grievances can be handled effectively and in time, PTI reported.

"The CVC has decided to slightly modify its complaints handling policy in such a manner which would make it more clear and to incorporate time limits for processing or investigation by departments in matters of complaints sent for necessary action by the Commission," an official said.

He said the changes will be aimed at facilitating monitoring of graft complaints.

Among other measures, the probity watchdog is also considering sending SMS alerts and emails to inform complainants about the status of their complaints.

It has asked Chief Vigilance Officers of all government departments to use a state-of-the-art online application specifically developed for the purpose of dealing with people's grievances and to check delays.

"The new measures will be in place soon," the official said.

In a related development, the Department of Personnel and Training has asked all its departments to strictly follow a time limit of three months to decide on granting sanction for prosecution of a public servant accused of corruption.

It has also asked secretaries of respective departments to monitor such requests by prosecuting agencies and submit a monthly compliance report to the Cabinet Secretary.

The CVC, which acts as a nodal agency for the government to devise ways to check corruption, alleged graft.

The Commission has an anti-corruption hotline in which an aggrieved person can call to lodge a complaint on unnecessary delay of work in any department due to demand for "undue favours" or "gratification" by public servants.

SIBLAC seeks ‘justice’ from DGP for Bhutia’s arrest

Gangtok, May 11: Director General of Police (DGP) Jasbir Singh has been asked to look into the arrest of Yapchung Bhutia, an active member of the Sikkim Bhutia-Lepcha Apex Committee (SIBLAC), by the Sikkim Police.

Bhutia was “unnecessarily arrested” by the police in Geyzing on April 28 when he was interacting with panchayat members during a meeting of the Gram Sabha, SIBLAC said in a letter to the DGP.

“The small squabble that took place in the Gram Sabha with our member was, however, settled during the Gram Sabha session itself and the Sabha was concluded with an amicable note,” the letter to the DGP by SIBLAC Convenor Tseten Tashi Bhutia said.

But despite this Bhutia was harassed and arrested. “A police officer cannot act according to his whim and fancy. It seems a pre-planned intention of the concerned Police officer to favour the panchayat who was a complainant,” the letter pointed out.

“Sikkim is a peaceful state because the people are peace loving and Dharma lovers. But such an act of terror by a police officer on duty is not only disturbing the peace and tranquility of the State but also creating bad names for the department and government,” the letter said and urged the DGP to give “justice” to the aggrieved person.

Governor BP Singh and National Commission for Minorities have also been apprised of the mater by the SIBLAC, a press release of the organization said.

Five-day Sikkim Spring Carnival begins on May 11

The five-day Sikkim Spring Carnival, which began on May 11, is aimed at reviving the inflow of tourists in the tiny Himalayan State. The devastating September 18 earthquake in the State last year and the recent bandhs in neighbouring North Bengal have adversely affected the tourism industry in the State.

Hectic preparations for the success of the Carnival, which is being organized by the Tourism and Civil Aviation Department, are being made by all concerned parties. Unlike before, Sikkim has a steady inflow of tourists throughout the year. However, spring and autumn continue to be the main tourist season.

According to Secretary Tourism R. Telang, the carnival is being organized throughout the four districts of the State. In the capital, food courts are being put up at the Ridge Park and photo and painting exhibitions will be held at the White Memorial Hall.

The festival include traditional wedding processions, faith healer procession, exhibition and sale of handicrafts and handlooms at the Directorate of Handicrafts and Handloom complex.

While pujas and religious dances (chham) are being organized in South Sikkim, yak safari, river rafting, rock climbing, paragliding, archery are being organized in west and north districts of the State.

HIMALAYAN GUARDIAN      1   May 9, 2012

BJP MP raises Limbu-Tamang seat reservation issue in Lok Sabha

Assembly seats are reserved for Bhutia-Lepchas as per 1973 pact: Khurshid

Gangtok, May 8: The demand for reservation of Assembly seats for Limbu and Tamang communities, who have been added to the list of scheduled tribes in 2002, has been raised in the Lok Sabha by BJP MP Balkrishna K Shukla.

Shukla, BJP in-charge of Sikkim who visited the State last month, said he would raise important issues of the State in the Parliament.

Padam Chettri said the people of Sikkim are grateful to the BJP for raising the issue in the Parliament on May 3. He alleged that even the two MPs from Sikkim have not raised the issue in the House and have “completely ignored the burning issue.”

While thanking Shukla for having raised the issue in the Lok Sabha, Chettri said, the National Democratic Alliance-led Government at the Centre granted the status of ST to the Limboos and Tamangs of Sikkim under the Constitution (Scheduled Caste and Scheduled Tribes) Order (Amendment) Act, 2002. “However, the two tribes have not been able to get reserved seats in the Sikkim Assembly on the ground that there is no constitutional provision for reservation of seats for Scheduled Tribes.”    

 “The Limboo and the Tamangs were declared as Scheduled Tribes in 2002. Since then the Census of India has been conducted and the population figures of the two tribes are available. I do not see any reason why the reservation of seats for them should be delayed any longer,” Chettri said in his letter of thanks to Shukla.

“The Sikkim Assembly passes all sorts of Resolutions. It also passed Gorkhaland Resolution which had nothing to do with the people of Sikkim. But it is sad to note that the Sikkim Assembly did not find any time so far to pass the requisite Resolution for the reservation of seats for the Limboo and Tamang of Sikkim,” Chettri said in the letter.

In reply to Shukla’s question whether the UPG government is aware that the Sikkim Legislative Assembly does not have seats reserved for the Scheduled Tribes of Sikkim and what action is being taken to “preserve and protect” the STs in the State Assembly, Union Law Minister Salman Khurshid said the 12 seats reserved in the Assembly were meant for ‘Bhutia-Lepchas’ as per the 1973 tripartite agreement between the Government of India and the Chogyal and political parties of Sikkim. 

Khurshid said Assembly seat reservation for STs in the State would depend on the population of the Limbus and Tamangs on the basis of 2011 Census, which is still awaited.

“Any increase / decrease in the present status could be considered only after wider debate from all the Stake holders in the State of Sikkim,” Khurshid said. (see edit on page 4)

Tibet advocate Beastie Boy Yauch dies of cancer

New York, May 8: Fans are mourning the death of Beastie Boys’ Adam Yauch, and are remembering an influencer who both changed the face of rap and the way stars bring critical causes to world’s biggest stages.

Yauch, who died in New York at age 47 on Friday, played an integral role in raising awareness and funds for Tibet’s struggle to liberate itself from China. As the Beastie Boys settled into its 90s heyday, Yauch, also known as "MCA," decided to take on another role -- advocating for Tibet’s independence, according to Beastiemania.com.

After sampling the work of two Tibetan monks on the group’s 1994 “Ill Communication” album, Yauch decided that he wanted to do more than just give the pair some royalty profits. He decided to establish the Milarepa Fund and enlist the help of activists worldwide to fight for Tibet’s freedom.

“We're able to help the Tibetans to gain their freedom,” Yauch said in a "Frontline" interview. “But I think the really significant part of it for us for the western world is we have a lot to gain from the Tibetans -- there are certain lessons that are within Tibetan culture. I mean understandings of compassion and of nonviolence that are things that we really lack in our society.”

As fans flocked to see the Beastie Boys perform, Yauch carried both his pioneering talent and main cause into the spotlight.

The group organized a series of Tibetan Freedom Concerts, which enlisted the likes of such musical greats as the Red Hot Chili Peppers, Foo Fighters, Alanis Morissette and Buddy Guy, CBS reports.

Most Beastie Boys groupies may have come for the star lineup, but Yauch and his band mates made sure that representatives from the Milarepa Fund were on hand and equipped with educational information about the situation in Tibet and how budding activists could get involved, according to Beastiemania.com

But Yauch never aimed to serve as the mouthpiece for the Tibetan cause. He hoped to offer up an effective platform from which oppressed Tibetans could effectively share their story.

“What we're really trying to do is create more of a forum for the Tibetans themselves to be able to speak,” he told Frontline. “I guess the idea is -- creating some kind of forum where the -- the Tibetans themselves can speak and Tibetan culture can be there itself.”

Yauch was a practising Buddhist and died after a long battle with cancer. He is survived by his wife Dechen Wangdu and daughter Tenzin Losel.

Literary festival in Thimphu in May

Thimphu, May 8: The festival between May 20 and 24 this year has lined up some of the most impressive authors writing from and on South Asia, including Vikram Seth, Patrick French, Wendell Rodricks, William Dalrymple, Kalpish Ratna, Ali Sethi and Gulzar.

Conceptualised in 2009, the festival began its journey in the pristine city of Thimpu in May 2010, as a joint effort by Pavan K Varma, India's ambassador to Bhutan, co-directors Namita Gokhale and Pramod Kumar K G as wells as Mita Kapur, CEO, Siyahi.

The festival also has the support of the India-Bhutan Foundation and the patronage of Bhutan's queen mother, H M Ashi Dorji Wangmo Wangchuk, who is herself a published author.

"The festival has grown organically. The focus this year is on travel writing, photography, Sci-fi, food writing and writing music. Films would also be screened," says Mita Kapur.

Mountains, particularly the Himalayas, are an important factor for the South Asian region encompassing within them other themes such as travel, environment, spirituality and philosophy – all of which feature in sessions programmed for the festival.

Sessions on cinema are being organised with veterans like Vishal Bhardwaj, Mushtaq Sheikh, Amitabh Bhattacharya and Shakun Batra. Sharmila Tagore has been scheduled to speak about Satyajit Ray.

Kashag thanks HP Govt for withdrawing case against Karmapa

Dharamsala, May 8: The Kashag (Cabinet) of the Central Tibetan Administration (CTA) welcomes the Himachal Pradesh State Government's recent decision to withdraw the criminal case pending against 17th Gyalwa Karmapa Ugyen Trinley Dorjee.

The Secretary for Information CTA said, “The Kashag would like to thank all the relevant authorities for making this just decision.”

The Secretary said that the exile Tibetan community is a law abiding community and respects the law of the country they are living in. He further said that the CTA would also like to reiterate its appeal to the Tibetan people to uphold Indian laws and regulations.

The Himachal Pradesh Government recently decided to drop Dorjee’s name from the chargesheet in the foreign and Indian currency recovery case.

The 26-year-old Karmapa was charged under section 120-B for conspiracy along with nine others who were charged under different sections of IPC including 419 (punishment for cheating by personation), 420 (cheating) and 467 (forgery of valuable security), in the challan filed by police in a Una court of Himachal Pradesh.

The government, in exercise of its power under section 321 (withdrawal of prosecution) of CrPC, decided to delete the name of Karmapa from the charge sheet after getting the matter examined by the Home and Law departments, an official spokesman said. Police had recovered currencies of 26 countries, including 120,197 Chinese yuan and around Rs. 5.3 million in Indian currency, from the Gyuto Tantric University and Monastery located in Dharamsala. 

Autonomy only solution to JK: National Conference

Srinagar, May 8: The ruling National Conference on Friday hit back at Congress MP Lal Singh saying anyone who opposes restoration of autonomy to Jammu and Kashmir is challenging Article 370 of the Constitution.

"People talking against autonomy are challenging Article 370", Lok Sabha member Sharief-ud-Din Shariq said at a party workers meet here.

He said restoration of autonomy to Jammu and Kashmir is considered as the only realistic solution to address the aspiration of the people of the State, Kashmir Observer reported.

Shariq’s statement comes a day after Congress MP from Jammu region Lal Singh opposed autonomy or self-rule as a solution to the Kashmir problem.

"There should be no autonomy or self-rule for the state as demanded by some sections", Singh had said in Lok Sabha.

Shariq, who represents north Kashmir in Lok Sabha, said even the Centre is aware that restoration of autonomy is the only way to resolve the issue.

"The autonomy report had been acknowledged by the former president of Pakistan Gen Parvaiz Musharaf and other Pakistani leaders during the visit of Chief Minister Omar Abdullah to Pakistan. While the autonomy report has been endorsed worldwide, there is no reason for New Delhi to delay its restoration", he said.

Editorial

LIMBU-TAMANG RIGHTS

Seat Reservation Dilemma

Limbu and Tamang communities, which were part of the OBC section of the Nepali population in Sikkim, were enlisted in the Scheduled Tribes list of Sikkim in 2002. Subsequent to them being declared as STs in the State demands were raised on reservation of their seats in the Sikkim Legislative Assembly. In the two Assembly polls (2004 and 2009) the seat reservation issue of the two communities were highlighted by most political parties in Sikkim, including the ruling Sikkim Democratic Front. The issue was raised in the Lok Sabha last week by a BJP MP in-charge of Sikkim.

It now appears that another Assembly polls, scheduled for 2014, will come and go without seats being reserved for the Limbus and Tamangs. The UPA Government has stated in the Lok Sabha that until the population figures of Sikkim are made available on the basis of 2011 Census the seat reservation issue would linger on. Even if the population figures are made known now more time will be needed to formulate a new arrangement in the Assembly, which will be followed by fresh demarcation of Assembly constituencies.

China rail link to stretch to near Sikkim border

China is set to extend its Tibet railway network into the strategically important Chumbi valley area, next to Sikkim and the Siliguri corridor. This was confirmed by a Chinese Railways Ministry map, put out last month (Jan 2012), showing China’s “long term railway network plan”.

Until now, these plans were being loosely speculated upon, but they now have an official stamp on it. The latest map shows the railway line extending from Lhasa to Zangmu on the Nepal border, which is going to eventually extend into Nepal and even Kathmandu.

According to the plan, another line will branch out midway from this link to Zangmu, at a place called Shigatse. This line will move east and go right up to Yadong, on the mouth of the Chumbi Valley. This town is connected to Sikkim through the Nathu La pass and is strategically located on the tri-junction of India, China and Bhutan.

There are areas near Yadong (Yatung) which are still disputed between China and Bhutan. The area witnessed military conflict in 1962 as part of the Indian effort to defend Nathu La.

While construction on the line has not yet started, sources said, feasibility studies are already being conducted. This project is slated for completion by 2017, bringing the Tibet railway just 500 km short of the Siliguri corridor. This may raise demands from Bangladesh to provide connectivity to the Chinese market via India.

This project must be seen along with the hectic progress, further east, on a railway line connecting Kunming in China to Singapore. With the Thailand government throwing its weight behind the idea, work on this project is moving at a quick pace. Given that there already exists a trade route from the Indian border to Kunming, the understanding is that pressure will increase on India to link up with the Chinese railway network.

What is of more concern to India is that the improved technological ability in this sphere means Beijing will end up meeting its deadlines. In the last year, China added over 10,000 km of high speed railway, and in the past five years has built 70,000 km railway lines. India, on the other hand, has struggled to connect Bhutan to India by rail.

(The Indian Express)
Muivah disintegrating Northeast insurgent movement: Barua

Ahead of talks with ULFA, Paresh Barua criticizes Thuinglang Muivah’s choice to go alone and not unite with other rebel outfits

Riding close on the heels of the first ever formal peace talks between United Liberation Front of Asom (ULFA)’s pro talk faction and the Centre, the Commander-in-chief of the banned outfit Paresh Barua, who leads the anti-talk camp, has hit out at his one-time ‘close friend’, General Secretary of National Socialist Council of Nagaland (Issac Muivah) (NSCN-IM), Thuinglang Muivah accusing him of disintegrating the Northeast insurgent movements by siding with the Indian Government and, thereby, failing to keep his promise made to the people of Nagaland.

The NSCN(IM) has been involved in a peace parley with New Delhi since 1997. Union Home Ministry insiders have confirmed that a new settlement of the long-continuing Naga conflict will be achieved before Christmas (2011). In such a scenario a snub from Paresh Barua will leave Muivah and his team in utter discomfort.

“Muivah is responsible for the disintegration of Northeast insurgent struggle for sovereignty. The Government for long has been taking advantage of the discord among various outfits of the region. Way back in 1985, ULFA has proposed to NSCN (IM) general secretary Th.Muivah to initiate a unity move among Northeast rebel groups since ULFA feared that Government will try to divide and encourage fratricidal killings. But Muivah sided with the Government of India. Thus Muivah has failed to keep his promise to the people of Nagaland,” reads the statement issued by Arunoday Dohutia, press secretary of Paresh Barua led anti-talk faction of ULFA.

The statement further referred to the 10 October incident where there was a huge gun battle between the NSCN (IM) and Zeliangrong United Front (ZUF) in Manipur. The Barua faction feels Muivah’s decision to go alone and not unite the various rebel outfits of Northeast had dealt a blow to the survival of the underground insurgent movements in the region and, in the process, he has betrayed other rebel outfits and people of Northeast.

Independent watchers feel that by issuing such statements the anti-talk faction of ULFA is making a mistake. “The problem of division among various rebel groups in the Northeast is nothing new. It has been there because of high assertions of ethnicity that reduced the ground for the outfits to come closer. The Indian State has always been able to take advantage of this situation, thus by making such statement Paresh Barua is falling into the same trap which he accuses Muivah of falling into,” explained Subir Bhaumik, Editor, Seven Sisters Post.

Between 1985 and 1990 ULFA’s cadres were baptised in terror by the NSCN. They used to share camps in the head quarters of undivided NSCN in Kesan Chanlam on the other side of the Indo-Myanmar border across from Nagaland. After NSCN got divided, the military wing of ULFA under Barua’s leadership has maintained close ties with both the factions. “We have come to know from surrendered ULFA cadres that once Paresh was fond of Muivah but friction developed between the two outfits after Paresh became close to the rival faction of Khaplang-led NSCN-IM. ULFA and NSCN once got engaged in a gun fight over control of a corridor in NC hills,” a senior military intelligence officer said. NSCN(IM) top leader Anthony Shimray, who was in charge of the outfits arms procurement, was hand-in-gloves with Barua before his arrest in Nepal. (Tehelka)

Sikkim High Court never asked govt to pass destruction of records bill: BJP

Gangtok, May 8: The State unit of the BJP has revealed that the High Court of Sikkim had nothing to do with the controversial bill of the Sikkim Legislative Assembly aimed at destroying past records and documents of the State Government.

OP Bhandari, OSD (Legal) to Chief Minister Pawan Chamling, recently made a complaint to the High Court regarding criticisms of the Opposition to the Sikkim Disposal and Destruction of Documents and Records Bill, No 25 of 2012, which was introduced, considered and passed on March 20, 2012 in the Assembly.

According to Bhandari, it was as per “the desire” of the High Court that the Bill was proposed to the Government for legislation. In order to “give due regards and honour of the decisions of the Hon’ble High Court of Sikkim,” the State Government “felt it necessary to pass a bill in the Sikkim State Legislative Assembly and therefore the said bill was unanimously passed by the House”, Bhandari said in his complaint to the High Court.

“The Opposition Political Parties are not aware that to criticize and comments on the decision of the courts amount to contemptuous and the person or organization criticizing the decision or proposal of Court are liable to be viewed adversely,” Bhandari added, according to BJP Sikkim unit chief Padam Bahadur Chettri.

 “As such, I consider it my bounden duty as necessary to write a complian/ letter addressing to the Registrar General of High Court of Sikkim, annexing all the documents/newspapers and letter and other evidence about the criticism made by the various quarter about the said bill, to request the Hon’ble Court to take cognizance of the Offence made by the Opposition Political Parties for registration of contempt of court proceedings against them, if it is attracted for commenting and criticizing against the desire of Hon’ble  court,” Bhandari said in his letter.

The High Court, however, has denied Bhandari’s views that it was on the High Court’s advice that the Bill was passed in the Assembly. It reacted, “There are no correspondences/ documents on the Bill between the High Court and the Government”.

It said, “High Court never desired the bill to be enacted by the State Government” and added “High Court did not ask State Government to bring the bill in the Assembly so the question of quoting law as requested does not arise”.

CPRM’s May Day rally in Darjeeling impressive

Darjeeling, May 8: The CPRM’s May Day rally here on May 1 has been hailed as a major success by the Opposition in the hills.

Since its formation in 2007, the Gorkha Janmukti Morcha has ruled supreme in the hills and Opposition parties have not been able to organize any impressive public show of strength.

Even this time the Morcha reportedly tried to scuttle the rally but was unsuccessful.

“Its not that the Morcha didn’t try to spoil yesterday’s CPRM show, but Bimal Gurung’s supporters were taken aback when they found that the rally had a huge participation,” reported a national daily.

The labour wing of the Morcha tried to foil the rally but it failed, said CPRM leader Govind Chhetri.

However, Morcha union leaders denied that the party was disrupting the May Day rally of the CPRM.

At least 5,000 supporters of the CPRM rallied at Chowk Bazar amidst much fear and tension.

Former Rajya Sabha MP and CPRM President RB Rai alleged that the Morcha was insincere on the statehood issue. He said his party would pursue the statehood demand.

The life and death of Gorkha leader Madan Tamang

Darjeeling, May 8: Delay in investigating the murder of All India Gorkha League (AIGL) President Madan Tamang has been criticized by party leaders.

Even after two years of the Gorkha leader’s killing the culprits have not been booked.

Tamang was stabbed to death allegedly by Gorkha Janamukti Morcha (GJM) supporters in Darjeeling on May 21, 2010.

While the GJM denied its involvement, news of the death led to a spontaneous shutdown in the region.

Tamang (64), who led the anti-GJM Democratic Front in the Darjeeling hills, was attacked with a khukri (long knife used by Nepalis) and swords on Laden La Road below the Planters' Club in broad daylight.

ABGL general secretary Laxman Pradhan alleged that a 40-strong mob of GJM activists attacked Tamang and his associates while he was busy making arrangements for a party meeting on the day he was killed.

The articulate and well-educated Tamang was involved with the hills' politics for over 40 years as a front-ranking ABGL leader. A strong advocate of a new state of Gorkhaland, to be carved out of parts of northern Bengal, Tamang had all along maintained a distinct identity of the ABGL and consistently opposed both the GNLF and GJM, which has been spearheading the statehood agitation for the last couple of years.

3 persons had received bullet injuries allegedly when police bodyguards of AIGL leaders had opened fire during the attack on Tamang. 53 year old Subash Tamang of Singamari, and Prashant Chettri (Yogesh Rai) in his late twenty, from the Lebong area of Darjeeling were arrested.

23 year old Sangay Yolmo of Upper Harsing had also received severe bullet injuries in his spinal cord from the alleged firing by police bodyguards.

In November last year the  Calcutta High Court granted bail to one Subash Tamang but rejected bail prayers by Dipen Maley, Sudesh Raimajhi and Asish Tamang in the Madan Tamang murder case.

A cell phone belonging to GJM Central Committee member Nickol Tamang had been recovered from the murder spot on the murder day.  Nickol had been arrested on August 16, 2011 from his ancestral house in Kainjaley, 47 km from Darjeeling and sent to judicial custody.

Nickol, however, disappeared from the CID camp in Pintail Village, near Siliguri, in the early hours of August 22 morning.

Based on the call records of Nickol Tamang's cell phone the CID had already arrested 39 year old Sudesh Raimajhi, a local builder on June 3. Interrogation of Raimajhi led to the arrests of 35 year old Purna Rai of Phoobtshering Tea Estate, Asish Tamang (26) of Badamtam Tea Estate, Sunil Rai (33) of Tukvar Tea Estate and Tilak Sotang (33) also of Tukvar Tea Eastate.

The case was later handed over to the CBI. The CBI had arrested Gorkha Janmukti Yuva Morcha (Youth wing of the GJM) Spokesperson Dipen Maley on May 25, 2011, from his residence in Pokhriabong, 30 km from Darjeeling town in connection with the case.

On August 29, 2011, the CBI sleuths had filed an additional charge sheet implicating Maley.

Govt service extension criticized by youth body

Gangtok, May 8: The All Sikkim Youth Association has criticized the State Government for its decision to give further extension to government employees whose service term has expired.

During its meeting held here last week the Association has decided to launch a “movement” against such extensions. Association President Gyatso Lepcha said the extensions deprived a huge section of educated unemployed in the State.

 “The youths today are not in a position to get job in theirown State because of the extension system,” a press release of the Association said.

The Association wants the retirement age to be reduced to 55 from 58.

Manipuri student hangs in front of girl friend

Bangalore, May 8: Close on the heels of a Manipuri student who was found dead in "mysterious circumstances" in his college hostel last month, another student from the north-eastern state allegedly committed suicide here by hanging.

The deceased was identified as Jackio Heisnam (23), a second year student of Mechanical Engineering in Bangalore Institute of Engineering in Chandapura taluk in Bangalore district, police told PTI.

Police said Jackio had a heated argument with his 19-year-old girl friend (Sera Phina), also from Manipur, as she had not been answering his phone calls for the past few days. Though she explained that she was busy with her exams, Jackio suspected her of cheating on him and started shouting at her.

In the course of the argument at his rented room in Suddaguntepalya late last Friday night, Jackio picked up a wire and tied rpt tied it around his neck and hanged himself from the fan in front of the girl, police said.

Immediately, the girl cut the wire and called out to his friend in the next room and rushed Jackio to a private hospital where he was declared brought dead, sources said.

Sera is a II semester BA student at Jyothi Nivas College in Koramangala.  

"Jackio's parents have been informed and they are on their way to Bangalore. We will be questioning them as well as his girl friend (who is a second year student in BA in a city college)", police said.

Last month, 19 year-old Loitham Richard was found dead in "mysterious circumstances" in his room in the college hostel at Madanayakanahalli in Bangalore district.

While police initially said he died as a result of a road accident, the student's friends and family alleged he suffered fatal injuries in an assault by seniors a day earlier.

The death sparked off protests in Bangalore and New Delhi with the protesters demanding justice for Loitham.

"We are enjoying religious freedom in Tibet”

Two Tibetan writers from China talked about their experience and writing at the ongoing London Book Fair recently to help people learn more about a real Tibet.

Alai, who was born in southwestern Sichuan province in 1959, recalled the education he received as insufficient but helpful.

"I was in a village and every day I drove the sheep uphill before going to school," he said. In the afternoon, the students raised their hands to remind the teachers to dismiss class, so that they could bring the sheep back home.

In comparison, Cering Norbu, born in 1965, was lucky. He grew up in Lhasa and received bilingal education there. The environment gave them inspiration.

Alai finished his story King Gesar, based on the Tibetan epic with the same name.

"It was the epic of the Tibetan people, just as the Greek mythology to Greece," he said.

Dubbed the Eastern Homer, the Epic of King Gesar, an epic poem from Tibet, is a piece of intangible cultural heritage that China has been trying hard to preserve.

"Even today, many storytellers are still telling this story in the villages or on the farms," he said.

However, Alai noted that while the Greek mythology became novels, movies and musicals, King Gesar remained less known. "It is time to retell it," he said.

This is a difficult task. On the one hand, the epic was extremely long and it was hard to choose which part for retelling. On the other hand, some part has became obscure over the centuries.

This prompted him to reflect on the culture.

Alai remembered going to the British Museum and seeing Tibetan culture represented by the religious stuff only. "As a Tibetan I felt uneasy," he said. "Our culture is far more than just temples and lamas."

Talking about the influence of Tibetan culture by modernization, Alai said "development is good, as a culture couldn't just live in museums."

His view was echoed by Cering Norbu. "This influence is not solely on Tibetan culture," he said. "It is why writers are important, as they should record the history of a nation."

Alai has a famous historical novel, the Dust Settles, which follows a family of Tibetan chieftains before the democratic reform in 1959. When asked if such topic was sensitive, he laughed and voiced his confidence.

"In fact, I am free to express my innermost thoughts in China and writing itself is a happy experience," he said.

Cering Norbu is working on a new book, which tells the change of life among Tibetans after 1959.

"Nobody has written down completely the changes Tibet experienced during the past half a century," he said.

"We are enjoying religious freedom. Our lives have been greatly improved, particularly after the reform and opening-up. I want to tell the readers our true feelings," he said.

The three-day 2012 London Book Fair opened on Monday, with China being honored as the Market Focus country for the first time. Some 300 events were held during the book fair, and 57 leading Chinese writers participated in literary events with British writers and readers. (Xinhua)

SIKKIM OBSERVER                                         May 5, 2012

After calling off bandh GJM wants tourists to visit hills

Welcome to Darjeeling: Morcha MLA

Darjeeling, May 4: Gorkha Janmukti Morcha (GJM) leader and member of the West Bengal Assembly Harka Bahadur Chhetri on Wednesday urged tourists to visit Darjeeling without any fear.

Tourism was an important part of the hill economy, and the recent spate of cancellations, due to the turmoil in certain pockets in Dooars, was hurting the industry, he said at the Secretariat in Kolkata, The Hindu reported.

 “Darjeeling is having gorgeous climate. Please come and have a good stay. I am welcoming you,” he said.

Chhetri’s call comes after the Morcha last week called off its proposed indefinite bandh in the region, which was to begin last weekend.

  “Considering the situation in the region, the problems faced by the people during bandh and the request of the Bengal Government and the district administration, we are postponing the bandh for the time being,” GJM President Bimal Gurung said last week.

The GJM collaborated with a break-away faction of the ABAVP led by John Burla to call an indefinite bandh in support of its demand for holding rallies in the region, which was disallowed by the State Government apprehending large scale violence.

Press Club organizes public debate on traffic system

Gangtok, May 4:  The Press Club of Sikkim in collaboration with the Office of the Superintendent of Police (East) on Wednesday organized an open public debate ("Khulla Manch") on the traffic in the capital here at the heart of the capital at M.G Marg.

The function is a part of the 23^rd National Road Safety Week organized of Sikkim traffic police.

 The panel consisted of K.N Topgey (Mayor, Sikkim Municipal Corporation), Shakti Singh (Deputy Mayor),  P.K Basnet (Senior R.T.O), Mandeep Singh (Senior S.P), Sonam Bhutia (D.S.P Traffic), Ongmu Bhutia (S.D.P.O) and Snadhya Prasad (Councellor).

 Many questions were asked during the debate to which some solutions were provided on the spot.

Some of the main issues discussed during the debate were the increasing number of the vehicles in the city and less parking space, fake West Bengal licenses used by drivers, parking of VIP and Official vehicles in front of tourism department which hinders flow of traffic and unstable hike in the taxi fare at peak hours.

The Mayor said the capital would soon have ropeways from Gangtok to places like Ranipool and Sichey with a minimum fare of Rs 10 to 15 to reduce the number of people travelling on road.

Annual Day function at SMIT

Speaker harps on character & leadership

Majitar, May 4:  K. T. Gyaltsen, Speaker of Sikkim Legislative Assembly, emphasized on the need to build character and leadership among students. He said education should not be limited to marks and salaries.

Speaking at a function here on the Annual Day of Sikkim Manipal Institute of Technology (SMIT) as the Chief Guest, Gyaltsen said, “Giving education to a person short on character is like giving a sports car to a teenager high on drugs! Both will result in disastrous consequences.” He emphasized the importance of character building in the context of education.

Brig. (Dr.) S.N. Mishra, Vice Chancellor, SMU, and other officials of the University were present at the function.

The Vice Chancellor congratulated the students and the staff upon their wonderful achievements and said that SMIT is recognized as an institution of excellence all over India. He, however, cautioned the students and the authorities not to become content but keep on working hard as miles still need to be covered.

 SMITSONIAN, the annual SMIT magazine was released on the occasion.  Cultural programmes and prize distribution to students for their achievements in academic, cultural, literary and sports activities were part of the Annual Day function.

Govt vs Teesta Urja over Chungthang Teesta hydel project
Gangtok, May 4: In what appears to be the first indication of tension brewing between

the Energy and Power  Department of the State Government and it's joint venture partner Teesta Urja Limited, the private developer of the 1200 MW Mega Teesta Stage III hydro power Project at Chungthang in North Sikkim (one of the biggest hydel power projects in the country), the State Government has approached the State Electricity Regulatory

Commission on April 5, 2012 alleging that the Teesta Urja has denied the government its 26% equity shares in the Rs. 6000 crore mega project; a pre-condition in the Memorandum of Understanding (MOU) signed by the company with the government.

The Commission headed by former Chief Secretary T T Dorjee appointed a sole arbitrator to resolve the dispute on the same day without hearing the Teesta Urja's version on the issue, UNI reported.

Reports indicate that on April 7, 2012, the State Government approached the District Judge East and North District at Gangtok, under section 9 of the Arbitration Act 1996, praying for interim injunction restraining Teesta Urja from changing the constitution of its Board of Directors.

The District Judge vide an Order dated 7.4.12 passed an interim order restraining the company on reconstituting its Board of Directors.  The matter reportedly is set for a final hearing on May11. The State Government has claimed that apart from the 26% equity shares it also has the right to select two directors as their appointee in the company board.

Meanwhile, Teesta Urja Limited has filed an appeal before the Central Electricity Tribunal against the order of the State Regulatory Commission referring the matter to a sole arbitrator.

After hearing both parties the Tribunal has vide an Order dated 25.4.12 stayed the

operation of the order passed by the State Commission. The matter has been fixed for final hearing before the Appellate Tribunal on May 29, the report said.

Karki assurance on Sikkim weeklies

Scribes body demands better deal on govt advertisements

Gangtok, May 4: Minister for Information and Public Relations CB Karki has assured that the government would positively view demands placed before it for increase on rate and flows of advertisements to weekly newspapers in the State.

This was revealed by Female Journalist Association President Radhika Pradhan, who met the IPR Minister along with a delegation of the Association recently.

After receiving positive response from the Minister on their demand Association members and Pradhan met IPR Secretary KS Tobgay to pursue their demands.

Presently the government’s classified advertisement rates for local weeklies is Rs 55 per column centimeter and full page display advertisement is Rs 5,500 only. The Association wants the rates for classified advertisements to be increased to Rs 95 per col cm and the display rates to be fixed at Rs 11,000 per page.

The Association has also demanded increase in release of both classified and display advertisements to local weeklies. Apart from a few dailies most local newspapers in the State are weeklies.

Editorial

PRESS FREEDOM

We Mourn The Closure Of Gangtok Weeklies

Ever heard of Female Journalist Association? We have one in Sikkim by that name and surprisingly while other media organizations are busy entertaining the public and at times playing the role of a public relations body, the Female Journalist Association has urged the State Government to give a better deal to Gangtok weeklies in matters regarding release of government advertisements. The IPR Minister CB Karki has again assured the Press that the government would respond positively on the issue.  Perhaps it will do something this time as the next Assembly polls are nearing.

Sadly the death of several credible Gangtok-based weeklies and other journals in the past few years is something that free societies should be worried about. Weeklies such as Weekend Review and Mid-Week are no more. We mourn their untimely death or indefinite closure. The Sikkimese and Sikkim Observer (Nepali edition) are also off the newsstands for a long time. Journals such as Talk Sikkim and Hill People have been forced to shut down due mainly to financial constraints. In such a scenario the claim that the Press in Sikkim is free and vibrant has no basis. Quality is what people are looking for in the media and this is in short supply in today’s Sikkim. A casual glance at which newspapers are getting government advertisements and how often will reveal the state of the Press in Sikkim. Let the facts be revealed and the truth will be out in the public domain.

Sikkim Muslim women forum meet in Gangtok

Gangtok, May 4: Members of the All Sikkim Muslim Women’s Association, who participated in the first general meeting of the Association here on Sunday, has decided to work for the welfare of Muslim women community in the State.

The meeting held here at the Sikkim Democratic Front Bhawan was attended by members of the Association from Mangan, Jorethang, Namchi and Gangtok.

During the meeting the Association introduced its governing body:  Manium Iqbal Bhutia (President), Merunisha Begum (Vice President), Noorjaha Begum (General Secretary),

Mumtaz Begum (Treasurer), Merenaaz Begum (Assistant Treasurer) and Saminaa Bano (Advisor).

Apart from conducting a free health camp and plantation drive in various parts of the State the members also discussed on various skill upgradation schemes such as tailoring, computer course etc for upliftment of the women community.