SUPREME COURT DEFERS CASE AGAINST CHAMLING

SDF requests public not to be swayed by Opposition propaganda campaign
GANGTOK, May 14: The disproportionate assets case filed by the Opposition Sikkim Pradesh Congress Committee (SPCC) in the Supreme Court against the Chief Minister and ruling Sikkim Democratic Front (SDF) Party president, Pawan Chamling, was heard today in New Delhi.
According to reports reaching here, the Supreme Court has listed the case for the last week of August, 2007.
A press release issued by the SDF party headquarters say that the case, which is at the stage of notice, was listed today and it was brought to the notice of the Court that the pleadings in the case are more or less complete. Accordingly, Justice CK Thakkar and Justice A Kabir passed order for hearing during the last month of August on a non-miscellaneous day later this year.
Following this development, SDF has said that despite the matter pending in the Court, the Opposition parties have been “spreading false propaganda with the soul objectives to disturb the peace in the State.” “With this kind of misinformation campaign the Opposition parties are making every effort to mislead the people and create disturbance in the State. The SDF party request the general public not to be misled by such false propaganda instigated by the Opposition parties which are politically motivated,” the press release said.
The Congress on the other hand, seemed to be in a celebratory mood, deeming this development as some minor victory.
It may be recalled here that four members of Sikkim Congress Committee ( KN Lepcha and Others) had filed a writ petition against the Chief Minister Pawan Chamling, the Union Government and the State Government of Sikkim in the Supreme Court on July 27, 2006. On August 14, 2006, the case was admitted by the Supreme Court and issued Notices to all the Respondents.
The Constitutional Bench of Supreme Court of India consisting of Chief Justice, YB Sherbawal and two Judges had heard the Writ Petition (c) No. 353 of 2006 pertaining to “possession of wealth beyond known source of income and misappropriation of public funds.”
The Congress had earlier claimed that the Writ Petition was filed to “protect the interests of not only the citizens of Sikkim but also the entire country, whose hard earned money as part of the public exchequer, was allocated to Sikkim for its development.”
The petitioners had appealed to the Supreme Court for a CBI inquiry into the case.
The Congress had made use of the Part B of the 10th Schedule of the Constitution (35th Amendment) Bill, 1974, clause 2 (i) (c) which impeaches anyone holding office of power for misappropriation of funds either by himself and /or through his family members, friends, associates and nominees and corrupt practices knowing no bound and misusing the power and the office of the Chief Minister of the State and treating the entire Government machinery as their own and by the means thereof, have swindled acquired and amassed huge wealth and properties grossly disproportionate to their known sources of income and continuing to do so at the cost of the people.”