Sikkim Public Order Bill termed a “black bill” by Opposition

Gangtok Aug. 11: The Sikkim chief minister today tabled a bill in the Assembly for a special law to address “social vices and offences” that might cause disturbances to public order.

The bill seeks to ban processions, hunger strikes, squatting, sloganeering and waving black flags or other forms of agitation that might “promote enmity or hatred between sections of the society”on the “grounds of religion, race or caste”. Such actions will be deemed disturbances to public order, the bill states.

The Sikkim Prevention and Control of Disturbance of Public Order Bill has been termed a “black bill” by Opposition parties, which have no representation in the Assembly where all 32 seats are held by Sikkim Democratic Front.

Legal experts described the proposed state law “unconstitutional” and said it would be scrapped if taken to court.

“The state government after due deliberations felt that there is a need to deal with such types of offences affecting public order. This can only be effectively addressed by having an appropriate law/rule in place,” chief minister Pawan Chamling said while introducing the bill in the House. Sources in the government denied that there had been any immediate provocation to put the law in place.

An entire gamut of offences has been listed in the bill that will be put to vote on August 26. From public nuisance, drunken behaviour, drug abuse and resorting to child labour, the proposed law also seeks to ban persons below 18 years from entering bars and discos.

Under the provisions of the bill, a special court will be set up with the concurrence of the Chief Justice of the Sikkim High Court by a notification by the state government. Each of the four districts of the state will have a special court. The bill also provides for punishment for offenders found guilty under the proposed law: a minimum imprisonment of five years with a fine not less than Rs 50,000. All offences under this law shall be considered cognisable and non-bailable.

“The provisions proposed in the bill are in total violation of the democratic values and norms. This is a black law that seeks to suppress the voice of the people and is against fundamental rights,” said Kumga Nima Lepcha, the acting president of the Sikkim Pradesh Congress Committee.

The state BJP president, Padam Chhetri, said the bill was totally “undemocratic”. “Such laws are not implemented in a democracy. All the opposition parties should be united against this law. Just because there is no Opposition in the Assembly does not mean that such Taliban-like rules are to be passed as a law. By this law any dissenting voice will be crushed,” said Chhetri.

In recent times, the most vociferous protest in the state capital was by the Affected Citizens of Teesta (ACT) against the construction of mega-hydel projects in Lepcha reserve in Dzongu in North Sikkim. “The ban on agitation might be interpreted in any way. ACT activists Dawa Lepcha and Tenzing Gyatso Lepcha, who held hunger strikes for 53 days and 96 days in 2007 and 2008 respectively in Gangtok, had caused some embarrassment to the Chamling government that is into its fourth term now,” a political observer said.

Asked to comment on the bill, a former judge of Calcutta High Court, Bhagabati Prasad Banerjee, said: “Even though a portion of the laws related to public order has been placed on the state list and the state has the power to enact legislation on them, the bill placed by the Sikkim government will not be considered as valid if challenged in court.”

The judge said the state governments could enact laws on minor offences that affect public order like littering and committing nuisance. “But as far as public disorders like promoting enmity or hatred or disaffection among different communities are concerned, there are strong central laws for it. On these issues, a state government cannot enact any law,” Banerjee told The Telegraph in Calcutta.

Supreme Court of India rejects CBI enquiry against Sikkim CM

Gangtok August 8:The Supreme Court (SC) of India today heard and disposed off the petition filed by Sikkim Pradesh Congress Committee (SPCC) Vice President Mr. Kunga Nima Lepcha challenging the Gazette Notification issued by the State Government withdrawing the Jurisdiction of the Delhi Special Police Establishment Act, 1946 in Sikkim. The Notification issued on 21st July last year, implied that the CBI which is governed by the Act can not function in the State any more. It is learnt that the SPCC had filed a PIL on 15th of July, 2011 at SC challenging the state government notification on CBI enquiry.SPCC President Mr. Nar Bahadur Bhandari informing media said that the Supreme Court though disposed off the matter even gave liberty to the petitioner to file a fresh petition challenging the order of the State Government of Sikkim. Adding more Mr. Bhandari informed that this order had been issued in response to the request made by the CBI seeking consent of the State Government to formally investigate the allegations made against the Chief Minister Mr. Pawan Chamling inclusive of 12 others.The SPCC President Mr. Bhandari have urged the people of state not to get carried away by allegedly malafide and false rumors being circulated by some vested interest individual in respect of the case too. On the other hand, the ruling SDF Party has reacted in a balanced manner to the development. The party spokesperson Mr. Bhim Dahal though once again questioned the credentials of Mr. Lepcha as a social worker, observed that the case was destined to meet the fate. Mr. Dahal however informed that a formal reaction over the matter will be issued after going through the Supreme Court’s Order.Whereas in the meanwhile, the Sikkim Himali Rajya Parishad Party has stressed that if the SDF led Government is clean on corruption issue then it must allow CBI to initiate investigations in Sikkim

Mr. Nar Bahadur Bhandari, President Sikkim Pradesh Congress Committee welcomes Gorkhaland Pact

Gangtok 19th July: President Sikkim Pradesh Congress Committee (SPCC) Mr. Nar Bahadur Bhandari rejected the proposal of the Chief Minister Pawan Chamling to name Sikkim Government College, Tadong as Nar Bahadur Bhandari College. It was proposed by the CM during his village to village tour.

Speaking with media in a meeting held at the party head office at Development Area Mr. Bhandari

informed that CM Pawan Chamling had also proposed to name Soreng road after him but it was also turned down and he had said that he is not fit for it. Mr. Bhandari further said that the ongoing tour of the CM is a total failure and a fruitless exercise as many people in the visited area are unable to meet the CM and place their grievances before him.

Adding more Mr. Bhandari stated that the people are fed up with Sikkim Democratic Front (SDF) government as SDF led Mr. Bhandari further alleged that due to Panchayats SDF government fails in proper implementation of the central government scheme in the state as the people are not given the chance to select their Panchayat. Panchayat in state are selected by the government and party and due to which the Panchayat are working in favor of government instead of serving the public and due to this reason the public in the state are not satisfied with the activities of the Panchayats. Public have the right to elect their Panchayat in a democracy but ruling government do not follow democratic principles in the right earnest added Mr. Bhandari.

Addressing the Sikkim University issue Mr. Bhandari said that CM Chamling speaks about the quality education in the state during every public meet but he fails in providing land to Sikkim University and in addition CM Chamling is also encouraging the student to speak against the Vice Chancellor of Sikkim University who holds a respectable post. Mr. Bhandari informing more said that if the ruling government fails in providing land to Sikkim University within this year then the fund allotted for the construction of the university by UGC will return back so its high time that CM Chamling has to take initiative and handover the acquired land to SU.

Adding more Mr. Bhandari stated that CM Chamling is talking about providing quality education in the state but there are numerous schools in the state facing the crisis of Mathematics teachers along with uniform and book.

Speaking over the rising unemployment problems in state Mr. Bhandari said that the SDF led government lacks employment generation programme and due to which the unemployment problems is increasing in the state currently.

Furthermore Mr. Bhandari congratulated UPA Chairperson Mrs. Sonia Gandhi, Union Home Minister Mr. P Chidambaram, Chief Minister of West Bengal Ms. Mamta Banarjee and president of Gorkha Janmukti Morcha (GJM) Mr. Bimal Gurung for solving the long pending problem of Gorkhaland on 18th of July 2011.

Informing further Mr. Bhandari said that GJM can demand Gorkhaland state in future on the base of Gorkhaland Territorial Administration (GTA) as well.

During the programme about 32 SDF members from Namthang and Yangthang joined Sikkim Pradesh Congress Committee and Mr. Bhandari welcomed them by offering khadas.

government is unable to keep its promises made to the people of Sikkim

Sikkim Pradesh Congres's drive against Anna Hazare & Baba Ramdev backfires

GANGTOK: All India Congress Committee has organized a public meeting at the office of the Sikkim Pradesh Congress Committee (SPCC) at Development area, Gangtok on 25th June. During the meeting (AICC) Secretary, Sikkim In Charge, Dr. K Jaykumar had to face strong protest from own party cadres after he maintained a soft stand on corruption charges labeled against state Chief Minister Pawan Kumar Chamling by Sikkim Pradesh Congress Party (SPCC) long back.

Jaykumar was here in Sikkim to address AICC public meeting at congress head office premises. The meeting supposed to cry uproar on much tweeted Baba Ramdev’s movement for repositioning of black money and Anna Hazare’s movement for Jan Lokpal bill, proved to be a backfire move for the AICC itself here at Sikkim after their own PCC and general members cried foul on central government’s soft stand on corruption charges of almost 9000 crores laid by SPCC against ruling SDF members some time back. The disturbance started when Jaykumar was counting the anti corruption initiatives of AICC which SPCC members found hard to digest. Thus others started condemning Jaykumar’s speech that led him to stop his speech in the middle.

As to calm his fellow congressmen, Jaykumar assured that he will look in to the demands and grievances made by congress men and would include it in their work action proposal. He also assured to bring out their work action proposal within 15 days. However still he could not complete his speech and had to leave in middle after facing intense protests.

Earlier, Jaykumar cried foul on Baba Ramdev’s agitation for repositioning of black money and termed him as a bluff under saffron. “BJP, RSS, Viswa Hindu Parishad and others are backing Ramdev’s agitation. Why are Gadkari and other BJP leader backing him then”, he had questioned earlier. Also claiming Anna Hazare’s call for Jan Lokpal bill as a move to create political turmoil upon central government, Jaykumar stated that if this bill was important for opposition parties and civil society, why wasn’t the demand raised at the time of BJP tenure, he questioned.

Earlier, PCC member, JB Darnal demanded immediate CBI enquiry upon corruption charges tagged on Pawan Kumar Chamling and others. Similarly, other speakers blamed the AICC for reacting in a cold manner to the SPCC programmes and initiatives.

Courtesy: Sikkim Mail

Sikkim Pradesh Congress Committee (SPCC) presidential elections postponed

GANGTOK, September 21: In a major blow to incumbent Sikkim Pradesh Congress Committee (SPCC) president Nar Bahadur Bhandari, the All India Congress Committee has postponed the election process of the State unit till further announcement.
Bhandari was all set to become the SPCC president for the third consecutive term as he was the lone candidate in the fray after the nomination process ended on September 13. His rival, KN Upreti had backed out demanding that the new SPCC president should be nominated by the AICC.
Upreti, who is also the senior vice president in the party, had contended that the elections for the SPCC president had created a major division in the party as two camps emerged-one in his favour and other pitching for Bhandari.
The SPCC vice-president and his supporters had asserted that they would not be accepting Bhandari as their party president through the ‘divisionary’ election process. However, they were ready to accept him as their party president if he is nominated by the AICC.
Upreti went to New Delhi and approached the party high command on September 14 and as it appears now, his perseverance has paid off with the SPCC presidential elections postponed.
A statement from Congress returning officer Zubair Khan as forwarded by SPCC functionary Avinash Yakha states: “Due to some unavoidable circumstances the election process for organisational election – 2010 of PCC president, PCC executive, AICC members and Pradesh election committees in Sikkim has been postponed till further announcement”.
Khan had stayed in Gangtok till September 12, the penultimate day for filing of nominations. He was overseeing the election process of the SPCC.


SPCC President N.B.Bhandari



Speaking to SIKKIM EXPRESS over phone, Khan said that Upreti had approached the party high command on the SPCC president election issue. While giving orders that the SPCC election process be postponed, Congress chief election officer Oscar Franandez has assured Upreti to enquire into his grievances and come up with a decision soon, he said.

The postponement order from faxed to the SPCC headquarters here on September 17, at a moment when it was being asked when Bhandari will take up his president post for the third consecutive time.
As per the party sources, the announcement of Bhandari as the new president was supposed to take place today but contrary to the expectations, the statement about the election process being postponed came.

When his response was sought on the postponement, Bhandari said that he has no statements to make at the moment.



Meanwhile, Upreti told Sikkim Express that he and his supporters had met Sikkim in-charge Luizino Faleriaro at Delhi on September 14. When he heard our grievances, he called up Zubair Khan and in consultation with Oscar Fernandez, the SPCC election process has been postponed till further notice, he said.

“We told the party high command that Bhandari is not very much interested in fulfilling his responsibilities as the SPCC president. Since the 2009 elections, he has not met party president Sonia Gandhi and was averse to maintaining good relations and network with the party high command which had a demoralizing effect on the party supporters here”, said Upreti.

Upreti said that he briefed the party high command that elections to the SPCC president post have created huge divisions in the party. We want the SPCC president to be nominated by the AICC president but Bhandari got scared and remained adamant on the elections, he said.

Even the central leadership is not happy with Bhandari, though whether he would be retained as the SPCC president by the party president is another matter, said Upreti.

On asked what will happen next, Upreti said that the party high command would be submitting a report to Sonia Gandhi. What decision she would take, we cannot say at this juncture, he said. The decision will come in next 10-12 days and we are hoping for an early conclusion, he said.

When asked if he is ready to accept the SPCC president post if the party high command opts for him instead of Bhandari, Upreti replied in affirmative. “I will accept the decision”, he said.

Sikkim Opposition Parties demands enquiry into multi-crore fraud attempt

Gangtok, November 20: Sikkim Pradesh Congress Committee (SPCC) has demanded the investigating agencies like CID should be independent hand for conducting in-depth investigation in major crimes like the multi-crore scam to hoodwink State Bank of Sikkim (SBS) which was busted recently.

In a press statement, SPCC congratulated the CID and State Intelligence Bureau for their ‘unprecedented success’ in busting the serious racket of Rs. 85 crores. The party said that names of those influential persons involved in the case should be made public so these big names are exposed. Culprits must be punished irrespective of their official, social and political status, the party said.

The SPCC added that ever since the formation of the Sikkim Democratic Front (SDF) in Sikkim, the State has been witnessing innumerable major crimes. The opposition party highlighted cases like printing of fake currency notes, operation of illegal private banks like Teena, Bharosa and Siddhi, which swindled away crores of rupees of the depositors, smuggling of red sandalwood.

“The commitment of the SDF government to uproot corruption and illegal activities from the face of Sikkim has so far proved complete failure. Instead there has been constant increase in such activities”, said the SPCC.

Meanwhile,State BJP vice president Padam Chettri has demanded that an appropriate Central government agency to probe into the attempted financial fraud in Sikkim that came into light recently thanks to a CID Sikkim expose.
“The accused persons are from outside the State and the criminal case has national and international ramifications. Moreover it has foreign exchange angle since the International Bills of Exchange is involved”, said Chettri today in a press statement. He demanded that the case should be investigated by the appropriate Central government agency such as CBI.
The BJP vice president has decided to approach the CBI Director requesting the agency to take up the case

SIKKIM UNIVERSITY Land acquisitions are eyewash:SPCC

GANGTOK, November 7: Sikkim Pradesh Congress Committee (SPCC) has expressed its apprehensions on the public hearing that took place recently in South District for acquisition of land for Sikkim University at Yangang.
In a press statement, SPCC general secretary KN Lepcha said that the party is concerned whether genuine public hearing can take place as ‘past experiences were nothing but eyewash only as the public were not permitted to participate in such public hearings’.
“The entire procedures were dominated by the ministers and concerned area MLAs and the lands were acquired much against the wishes of the land owners”, said the SPCC.
Further in the event of compulsory acquisition of such a vast extent of land for Sikkim University what safeguard the State government is contemplating to provide to the land owners, the SPCC said.
The party demanded the State Government to ensure that the concerned land owners are adequately compensated, rehabilitated both physically and economically.

SDF party is terrorizing voters: Bhandari

GANGTOK, September 8: Sikkim Pradesh Congress Committee (SPCC) president Nar Bahadur Bhandari today accused the ruling Sikkim Democratic Front (SDF) party of terrorizing the voters of Namchi-Singithang constituency.
In a letter to the DGP, Mr. Bhandari requested the police to ensure that democratic rights of the voters who are going to exercise their political rights are not eroded at any cost.
“It is observed during the election campaign of the Indian National Congress that the people are afraid to come out of their homes and listen to the speeches of INC. Their fears were expressed through confidential calls made to the leaders of INC, who are camping at Namchi”, said Mr. Bhandari.

Addressing a press meet today at SPCC head office here at Development Area, Mr. Bhandari alleged SDF of using its legislatures, panchayats and government officials for strong arm tactics. The SDF party is terrorizing the voters, he said.
Commenting on the upcoming bye-polls, Mr. Bhandari dared the SDF party to vacate the Namchi-Singithang seat to the opposition if the ruling front believes in democracy. The SDF party should not be so serious for one single seat as they have already 31 legislatures in the Assembly, he said.
The SPCC president also accused the SDF candidate Binod Rai of being a poor choice by the ruling party.
Accusing the SDF government of delaying the recommendations of the Fourth Pay Commission, the SPCC president demanded that the employees must get their dearness allowances before Dasai. He also slammed the ruling front on a host of issues including unemployment, inflation, corruption and casteism

Cong questions Sikkim govt seeking clearance for hydel project

Gangtok , Aug 14: The Congress today questioned the persistence of Pawan Kumar Chamling government to seek environment clearance for six hydel projects withheld by the Centre citing potential damage to ecology in the upstream of the Chungthang valley in North Sikkim.
"It appears that the Chamling government has yielded to pressure by developers to seek intervention of the Union Power Minister Sushil Kumar Shinde for grant of environment clearance by the Ministry of Forests and Environment for the projects which were considered to be unviable, Sikkim Pradesh Congress Committee General Secretary K N Lepcha alleged here.

Lepcha criticized the state government for envisaging hydropower projects in North Sikkim and going ahead with the award of contracts without taking into account the potential damage to the fragile landcape of the region.

The Ministry of Forests and Environment, acting on the the Centre for Inter-disciplinary studies for Mountains and Hill Environment (CISME) report, had directed the state government two months ago to defer indefinitely construction activities for six hydel projects in upstream of Chungthang valley.
PTI

SPCC allegation “totally baseless”, no discrimination by govt: SDF

Gangtok,August12: Sikkim Democratic Front has refuted and condemned a statement of Kunga Nima Lepcha, spokesperson of Sikkim Pradesh Congress Committee, reported in a local English daily on 12th August. The report quoting Mr. Lepcha says, the people of Lachen have submitted a memorandum to President of India alleging that the “SDF government is discriminating the people of Lachen and depriving them from development and other benefits”.
In a press release issued by SDF general secretary (publicity) T.N.Sharma, the allegation is summarily denied as “totally baseless”. The release says the SDF government since its inception has not done any injustice to any section of people for caste, community or religion. “For the SDF party and its leader Chief Minister Dr. Pawan Chamling, the of Lachen and other areas are all equal and they are getting equal benefits according to the democratic norms of the SDF government”, the release said. It added, “SDF party and its leadership remains ever committed to fulfill the needs, aspirations and dreams of the poor Sikkimese people without any discrimination, and Lachen people are not discriminated in any way whatsoever”.
In another SDF release, Mr. Sharma has stoutly contested the remarks of a columnist in a Nepali daily on August 11. It is remarked that “majority people of Sikkim are of the view that the “gap between rich and poor” in the State “is increasing”. Who are the majority people, on what basis such an opinion is made, the release asks.
In a rebuttal to another allegation of the columnist that “Parliamentary democracy has not yet taken roots” in Sikkim, the release asserts, as an integral part of democratic India, Constitutional guideline and rule of law are clinched by the SDF government since its inception. That the majority people of Sikkim have trust and confidence in the SDF government is evident from the fact the people elected SDF candidates for all the 32 Assembly seats in 2009 election, the release noted

Sikkim gears up for smooth Panchayat Poll

Gangtok: After the scrutiny of nomination and withdrawal of candidature, the State Election Commission has issued a final list of candidates and as per it, 67% panchayat are uncontested.In the West District, out of the total 283 GPU wards, 245 were uncontested and and the election for 38 GPU wards will be held. In the South District, out of 257 GPU wards, 151 declared uncontested and leaving 106 on the fray. Whereas in the East District, the total number of GPU wards are 243 out of which 121 were uncontested and election will be held for 122 GPU wards. And in the North District, out of 106 GPU wards, 68 are uncontested and 38 GPU will contest for elections.Similarly, in the Zilla Panchayat, out of the 25 ZPs in West district, 17 were uncontested and elections will be held for 8 ZPs. In the South District, out of 23 Zilla Panchayat, 10 were uncontested and elections will be held for 13 ZPs. While in the East District, out of 27 ZPs, 9 remained uncontested and 17 ZPs will contest the election and 1 Zilla Panchayat, remains vacant. And in the north district out of the total 18 ZPs, 9 remains uncontested while elections will be held for 9 ZPs.Accordingly, a meeting to review the arrangements for Panchayat Election, 2007 was held on October 8 in the Conference Hall of Rural Management & Development Department, Tashiling Secretariat Gangtok under the Chairmanship of Chief Secretary, Government of Sikkim. The meeting was attended by Director General of Police, Principal Secretary, Home Department,Commissioner-cum -Secretary, Rural Management & Development Department, Secretary, State Election Commission, all District Collectors (who are also the Returning Officer for the Panchayat Election), all District Superintendents of Police and other officials of Police, Home & State Election Commission.The meeting reviewed action taken by all concerned and confirmed all actions required to be taken as per Law/State Election Commission guidelines including arrangements for police and other man-power requirements for ensuring a free, fair and smooth poll. The meeting also reviewed the over-all law & order situation, likely trouble spots and other problem areas.The Chief Secretary expressed his satisfaction over the arrangements made and directed that all actions of the authorities connected with Panchayat Election should be transparent and as per law and guidelines issued by the State Election Commission, according to a press release received from the Home Department.

SPCC GRIEVANCE CELL CONDEMNS NEWS REPORT

GANGTOK, August 29: The Sikkim Pradesh Congress Committee Grievance Cell has condemned the news report which appeared in one of the local Nepali dailies dated August 28 opining that postponement of the Chief Minister Pawan Chamling’s Disproportionate Case would favour the SDF party.
“The writing of the local paper is condemned because it considers Sikkimese people too premature and childish in Sikkim politics. It is arbitrary and beyond journalistic ethics to come to the sole conclusion to improve the image of the SDF party,” states a press release issued by SK Bardewa, SPCC Public Grievance Cell.
Stating that the situation in Sikkim is politically fragile, primarily because of the issue of ACT, the Grievance Cell has said that the SDF government in turn will have to face horrible times in the coming two months. “Because of the ACT issue, there is mass discontentment among the people,” the release adds.
The release also states that the “Lepchas have finally understood that it was not money which was going to save them but the deity of Khangchendzonga, which is perhaps relevant today after the Zemu Glacier floated washing away bridges and large scale destruction in Dzongu.”
During a recent meeting convened, the Grievance Cell has also demanded that the Limboo and Tamang issue should not be confined to the celebrations of Birthday of Srijunga or the observance of Lochar alone further adding “the two tribal groups have started asserting their rights and their reservations in the ensuing panchayat elections.”
The release has also said that the Scheduled Caste has started to question on the “apartheid attitude” of the government towards them by not providing them with their legitimate right of acquiring a ministerial berth in the SDF government.
“The SDF government have neither established the Prevention of Atrocities Act 1989 courts for SC/ST separately nor taken care of SC/ST especial development of manpower and economic development in comparison to the colossal input of fund from the Central government,” the release further reads.
The SPCC Grievance Cell has also expressed concern over the Dasai celebration considering the invisibility of budgetary provisions. It has also taken a serious note of the government towards depletion of budgetary provisions in various departments. This would be a set back of the SDF government.”
Emphasising that the SPCC is optimistic for the coiming panchayat elections, the Grievance Cell has stated that a large section of youth would participate in Panchayat election this time. “The youth in Sikkim have been the worst sufferer either in employment or even in contract or such negotiation of public work by SPWD,” the release contends.
The Grievance Cell has also expressed optimism on the postponement of the CM’s case adding “the public know that postponement of the disproportionate assets case would not either improve the situation.”