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Page 1: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

11-17 Dec, 2002; NOW! 1BSNLMOBILE

MOREcoverage

1ST COME

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� Internet

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NHway, Rangpo, Singtam,

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ROAMINGBharatSancharNigamLtd.SIKKIM

For details call: 27500, 24722 GANGTOK WEDNESDAY, 11-17 Dec, 2002 Vol 1 No 26 � Rs. 5

Sinhal brothers, siliguri

rajdhaniIN

1

idMUBARAK

TURN TO pg 10 FOR DETAILS

EDUCATIONAS A TOOL FOR

REFORM

Sirf Khana

Exclusive Fast Food Items and

a host of CHAAT varieties

and THALI provisions.All items TROLLEY served.

JEEMAN (MEALS), KUNDEH-KHANG BUILDING, NEAR SADATHANA, TIBET ROAD, GANGTOK. Phone: 225098.

E-MAIL: [email protected]

Jeeman(Meals)A PURE VEGETARIAN RESTAURANT

No Bar

AWAITSCBI CHARGESHEET

BHANDARITURN TO pg 3 FOR DETAILS

IT’S THAT TIME OF THE YEAR AGAIN

ALTHOUGH THERE WAS NO OVERT PICKETING TO STOP VEHICLES FROM PLYING ON THE

NATIONAL HIGHWAY 31-A DURING THE 72-HOUR BANDH CALLED BY THE GNLF IN

KALIMPONG, MOST VEHICLES, SAVE THOSE BELONGING TO POLICE, ARMY AND EMERGENCY

SERVICES VENTURED BEYOND RANGPO ON THE FIRST DAY. THERE WAS TALK OF LIFTING THE

BANDH FOR THE HIGHWAY ON THE SECOND DAY, WEDNESDAY, BUT THINGS CAN NEVER BE

CERTAIN WITH GNLF AND ITS MEN WHEN IT COMES TO BANDHS...

TURN TO pg FOR DETAILSPic shows NH31-A sans the picketers to enforce the GNLF bandh

a NOW! pic

Page 2: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

2; NOW! 11-17 Dec, 2002

RECAP SIKKIMRECAP SIKKIM

2

HARDLINE by PANKAJ THAPA

GANGTOK: An apparently minorepisode concerning the Senior Sec-ondary School, Samdong causedquite a flutter at the Tashiling Sec-retariat last Wednesday (December4) with about seventy students of theschool arriving in a surprise delega-tion to meet the Principal Secretary,Education, RS Basnett. The issue inquestion was the alleged leaking ofquestion papers of the Class XI

school exams by some of the schoolteachers. The matter was allowed togrow into a rather messy affair al-legedly due to the non-interventionof the school Principal, TB Chettri.

According to the students, whohad hot-footed to Gangtok fromSamdong, question papers on Eco-nomics, Political Science and Geog-raphy had been leaked to some se-lect students by two of the school’scomputer teachers - ParthaChakravarti and Babita Chettri.

Their main grouse, however, is

against their Principal who they al-lege did nothing to plug the leak, nordid he take any action against the in-dicted teachers or the students whobenefited from their partiality. Fur-thermore, they claim to having beenforced to sit for the exams despitehaving alerted the Principal of themisdemeanour.

There was also the incident ofone student, Nirmala Adhikari be-ing singled out for her protest againstthe whole affair. Her guardians werenotified of her “misconduct” andwere called for a meeting with theschool authorities. The annual ex-ams for the three papers were heldon November 27, 28 and 29.

As the school authorities failedto initiate any steps, the studentsdecided to pursue the matter with thehigher authorities.

The entire Class XI of theschool, which reached Gangtok onWednesday morning, was unable toget an appointment with the Princi-pal Secretary. They did howevermanage to meet the Joint Director,Education. They were also accom-panied by members of the SikkimStudents Association. Talking tosome of the students it was learntthat they were opposed to the ideaof a re-examination, which theirSchool Principal had offered them.They said that since they had alreadytaken the exams, they did not wantto go through it all over again. Whatthey wanted was disciplinary actionagainst those involved in the leak.The school authorities were notavailable for comments.

After a prolonged indoor meet-ing with the students and principalalong with members of the SikkimStudents Association, the EducationDepartment decided in favour ofholding fresh examinations. TheSchool principal has been asked tosubmit a detailed report of the inci-dent. Disciplinary action is to betaken against those found guilty.

WORKER DIES IN

DEBRIS FALL AT

TEESTA STAGE V

ADIT TUNNELSINGTAM: One Rajnandan Pd.Saha, supervisor died while work-ing night shift inside Adit tunnel IIIhere at Makha. He was reportedly atwork when a “loose” debris fall in-jured him and some other workers.They were immediately evacuatedand taken to Singtam Hospital whereSaha succumbed to his injuries. Hisbody was handed over to GammonIndia Ltd of which he was an em-ployee. Though the death is claimedto be purely accidental police is in-vestigating the possibility of negli-gence on the part of senior officialsof Gammon India.

DOMESTIC VIOLENCERHENOCK: A criminal case hasbeen filed against one R. NarayanPradhan, his second wife and son forattempting to murder Maya Pradhan,his first wife. According to the com-plaint filed by Ms. Maya Pradhan,the accused tied her up and tried tokill her in her home in Lakha Busty,Rhenock. The victim has been re-ferred to the Singtam hospital andthe case is under investigation.

MANGAN: Mental retardation is atype of disability in which there issub-normal or lesser state of intelli-gence. It is not an illness, but a re-sult of poor development of thebrain. In Sikkim, around 3 per centof the population suffers from thisdisability.

To address this problem, the So-cial Welfare Department is organisinga one-day composite Disability Campat Mangan on December 10. The campwill focus on all forms of disabilitiesand is in collaboration with Ali YavarJung National Institute for HearingHandicapped, Mumbai. Doctors andspecialists from psychiatric, orthopae-dic, ENT and opthalmology depart-ment of STNM Hospital will take partin the camp.

Acording to Dr. IL Sharma, Psy-

chiatrist, STNM Hospital, the campwill dessiminate information oncauses of the problem and advocatethe importance of early detection. Hestressed that management of mentalretardation involves two main steps- recognition and parental trainingand counselling. In this process, ex-planation is to be given to the pa-tient party that no medication isavailable, but the emphasis shouldbe on the improvement of the qual-ity of life after adequate training.

“In such a training, we will findwhat a child can or cannot do andwe will make a chart to teach the dif-ficult tasks of life according to theexisting mental capacity,” he says.

Such a training is now availablein Sikkim. Although disabilitycamps have been held in theRajdhani on earlier occasions, thisis the first time that the programmeis being taken to the districts.

a NOW REPORT

Understanding mentalretardation better in

Mangan

a NOW REPORT

PLUG THE LEAK, DEMAND STUDENTSSAMDONG STUDENTS ALLEGE QUESTION PAPERLEAK BY SCHOOL TEACHERS, GET DEPT TOLISTEN AFTER PRINCIPAL TURNS THEM AWAY

rajdhaniIN

DARKNESS

IN THE

HEART OF

TOWN

Page 3: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

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GANGTOK: The framing of charges against former ChiefMinister Nar Bahadur Bhandari, PK Pradhan and thirteenothers for criminal misappropriation of money, which wasto be served on December 7 at the Sessions Court (East &North), had to be postponed due to the absence of three ofthe accused including Mr. Bhandari. The chargesheetagainst the accused is being framed by the CBI representedby their lawyer ID Vaid. Mr. Bhandari could not be presentat the Court due to the death of his brother-in-law, it islearnt. The next date is yet to be intimated.

According to Mr. Vaid the order for the framing ofcharges against the 15 accused was passed on Novem-ber 15 by the Special Judge trying the case. In the mean-while, a vakalatnama filed by lawyer KT Bhutia on De-cember 7 seeks to transfer the case to another Court.This, Mr. Bhandari said absolved him from being presentfor the hearing.

As intimated by the CBI lawyer, Mr. Vaid, the casegoes back to 1983 when the then CM (Mr. Bhandari inhis first term in power) allegedly entered into a “crimi-nal conspiracy” with contractors and ordered the award-ing of works of water supply scheme at exorbitant ratesignoring the lowest tendered rates and against the rec-ommendation of the Tender Committee.

Interestingly, this is also not the first time that Mr.Bhandari, Mr. Pradhan and the thirteen contractors arebeing chargesheeted in this case. The CBI had alreadychargesheeted them earlier following which, the defencehad approached the High Court to quash the charges. Af-ter hearing the intense arguments from both sides, the HighCourt had reportedly set aside the charges and sent thebrief back to the Special Judge for a rehearing. The CourtOrder of December 7 directing CBI to proceed with thechargesheets comes after this rehearing process.

The matter has also been argued at length in theSupreme Court where Mr. Pradhan’s counsel had ar-gued that he could not be chargesheeted in the presentcase because no prior sanction, as mandated under Sec-tion 197 of the Code of Criminal Procedure, 1974, wastaken prior to prosecuting him in the said case.

Sub section (1) of the said Section apparently de-bars a court from taking cognizance of an offence ex-cept with the previous sanction of the Government con-cerned in a case where the acts complained of are al-leged to have been committed by a public servant indischarge of his official duty. Mr. Pradhan had claimedthat he awarded the said contracts in his capacity as thethen Secretary, Department of Rural Development, Gov-ernment of Sikkim, and reiterated that he did not abusehis position as a public servant and works were awardedin favour of the contractor at a rate permissible underlaw and not low rates.

The Supreme Court while turning down his appealhad observed that the contention made by Mr. Pradhan“required to be established” and that this could be doneonly at the trial. “Therefore, it is not possible to grantany relief to the appellant at this stage. However, we

may observe that during the course of trial, the courtbelow shall examine this question afresh and deal withthe same in the main judgment in the light of law laiddown in this case without being prejudiced by any ob-servation in the impugned orders,” it ordered.

While presenting its allegations against the accusedin the Supreme Court, the CBI petition said:

“During the year 1983-84, the State Cabinet of Sik-kim decided to implement 36 Rural Water Supply Schemesin the State of Sikkim under minimum needs programmefor a total cost of Rs. 1,62,31,630/- and while approvingthe above proposal the Cabinet specifically decided thatthe works worth more than Rs. 1,00,000/- shall be put toopen tender while works below Rs. 1,00,000/- shall beexecuted through Panchayat nominees. The approval ofthe State Cabinet was communicated to the Rural De-velopment Department for necessary follow up actionfor implementation of these schemes. In order to imple-ment 19 of the schemes, the Department issued tendernotice on 19.12.1983 inviting sealed tenders from en-listed contractors having resources and experience insuch government works. In response to this notice vari-ous tenders were received by the Department and thesame were opened on 18th January, 1984 by a tendercommittee. Necessary action for acceptance/rejection oftender then followed in respective files. It was allegedthat when the matter was thus being processed, Shri NarBahadur Bhandari, the then Chief Minister of Sikkim,Shri P.K. Pradhan, the then Secretary, Rural Develop-ment Department, Government of Sikkim who is the ap-pellant in this appeal along with fifteen contractors,named in the First Information Report, entered into acriminal conspiracy with the object of securing contractworks in favour of the said contractors by corrupt orillegal means or by otherwise abusing the position of thethen Chief Minister and the appellant as public servantand got the works awarded in favour of contractors afore-said at low rates thereby causing pecuniary advantageand corresponding loss to the State of Sikkim, by vari-ous commissions and omissions.”

The case, as mentioned earlier, was first registeredby the CBI in 1984 but as Mr. Vaid says the investiga-tion faced many hurdles and when Mr. Bhandari re-turned as CM for the second time he withdrew the con-sent by which the investigation had been initiated. Thematter resumed when the Supreme Court in 1994 gavethe judgement on a writ petition filed by Kazi LhendupDorji and returned CBI to Sikkim to continue with itsinvestigations. By that time Mr. Bhandari was out ofpower again and has remained in the Opposition since.Subsequent to this Mr. Bhandari filed another petitionchallenging the jurisdiction of the special judge and thesanction under section 197 of the CrPc. These matterswere finally settled by the Supreme Court and the thenspecial judge, BC Sharma, after hearing the argumentscharged five of the accused and discharged the others.

On final revision of the case, as things stand atpresent, the Special Judge trying corruption charges or-dered the chargesheeting of all 15 accused under thePrevention of Corruption Act.

a NOW REPORT

CBI CHARGESHEETAWAITS BHANDARIAGAIN

THE FIRST TERM RETURNS TO HAUNT

Page 4: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

4; NOW! 11-17 Dec, 2002

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Opposition parties to band together under Bhandari

GANGTOK: In what was supposedto be a secret meeting, leaders of allOpposition parties save the CPMmet in a closed door meeting inRumtek to chart out a joint strategywith an eye on the upcoming Assem-bly polls whenever they come - as asnap poll sometime next year or thescheduled time in 2004. Informedsources reveal that the meeting,which was held in the residence of

Hem Lall Bhandari in Rumtek cameto a loose understanding that theOpposition come together as a coa-lition to take on the ruling SikkimDemocratic Front party.

“All the parties present for themeeting agreed in principal to form aunited front under the leadership offormer Chief Minister, Nar BahadurBhandari,” revealed a former SDF ac-tivist who was present for the meeting.

The December 9 meeting wasapparently the first “coming together”of all Opposition parties in the State.

“While the detailed modalities of thecoalition and seat sharing are yet tobe worked out, the most positive out-come of the meeting was that theOpposition has decided to form aunited front,” said a senior leaderpresent for the meeting.

Unlike speculated earlier, a newparty is not going to be floated, insteadthe new entity will be a coalition of as-sorted parties active in the State. Whatwas also agreed upon in principle at themeeting, inform sources, is that the coa-lition would be headed by Mr. Bhandari.

“The choice is obvious since hecommands the best image among thepeople and frankly, allegation of cor-ruption don’t cut much ice in the ru-ral areas,” said an informed source.

The rumblings of a similar movehave been in the air and those engi-neering the entire move admit thatthey have been working at it for quitesome time now.

“The final arrangement that thiscoalition will work within will bemade public by the end of nextmonth,” they assure.

While responding to suggestionsthat the Opposition was shaken intoaction following news-reports thatSDF was considering a snap poll,those behind the coalition bid be-lieve otherwise. “It was after the rul-ing party got wind of our activitiesthat they panicked and started think-ing of a snap poll,” they contend.

It remains to be seen whether aconglomeration of Opposition par-ties can remain united in a politicalclimate where even the bond of partyaffiliation has not remained for long.

GANGTOK: Chief Minister PawanChamling has said that the governmentalone could not stop child exploitationand that part of the responsibilityshould also be shared by the society.

Mr. Chamling said this while ad-dressing a gathering during the inau-gural function of the hostel buildingof the Sikkim Kalyan Ashram atMarchak near Ranipool on Dec 8.

Speaking on the rights of the childand child labour in general, Mr.

Chamling expressed his “unhappi-ness” over the fact that most of thedomestic helps at homes are children,who should be going to schools ratherthan working to earn a livelihood.

“The change should come fromwithin the society, to stop the exploi-tation of the child. There should bea radical change in the attitude ofthe people who should stop hiringchildren as domestic helps,” he said.

“My government is providingfree education, free uniforms, text-books so that every child in the Stateis educated. But it is up to the peo-

ple to ensure that every child availsof the facilities,” Mr. Chamlingadded. He added that special stresshas been given to the girl child un-der the Small Family Scheme.

While stressing on the importance offormal education, Mr. Chamling said thathis government was planning to set up atleast one degree college in each district.“Education,” he said, “should prepare aperson morally and ethically to face chal-lenges posed by life.” He urged everyyouth of the State to dream and work to-wards making Sikkim a “self-reliant anda model State” in the country.

Mr. Chamling while praising thecommendable work done by theAshram towards the society said thatthe Ashram was providing a condu-cive environment of learning for theneedy children. He extended his fullsupport to the Ashram.

The Sikkim Kalyan Ashram, aregistered NGO was set up in 1995and has been working for the allround development of poor and needychildren. The Ashram’s first project,a Boys’ Hostel at Ranipool sheltersstudents from remote villages andprovides them educational facilities.

The new double-storey hostel build-ing of the Ashram has been built onthe land provided by the government.

The hostel accommodates poor stu-dents from as far as Karchi to Dzongu.All students staying in the Ashram arestudying at the Ranipool Senior Sec-ondary School at present. The Ashramis affiliated to the Akhil BharatiyaVanavasi Kalyan Ashram, Jaspunagar.

The Ashram intends to soon starta vocational and agriculture trainingcentre, yoga and meditation centreand free medical camps. It also runsa boys’ hostel in Dzongu.

a NOW REPORT

SOCIETAL CHANGE REQUIRED TO END CHILD EXPLOITATION: CHAMLING

Page 5: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

11-17 Dec, 2002; NOW! 5

5

GANGTOK: Sikkim Pradesh Con-gress Committee (I), through a pressrelease issued by its Spokesperson,former Minister KN Upreti, has de-manded a White Paper on the rea-sons behind the proposed shuttingdown of the Sikkim Housing & De-velopment Board.

Mr. Upreti has alleged that “lackof foresight and mismanagement” bythe present SDF Governmentprompted the recent Cabinet deci-sion to down the shutters of SHDB.He contends that the State Govern-ment used the Board to “help somefavourites” and then “dumped” itwhen it “succeeded in that goal”.

Justifying the call for a White Pa-per on the issue, Mr. Upreti says thatthis document would help “pinpointas to who is at fault and the reasonsthereof for such a state of affairs”.

Claiming that it was during histenure as UD&HD Minister that the“housing scheme” was introduced,Mr. Upreti alleges that “lack of con-trol, mismanagement and rampantcorruption” in the present govern-ment has led to the closure of “yetanother institution of public benefit”.

While calling on the people toget “conscious and act as watch-dogs,” Mr. Upreti has voiced con-cern that other units like State Bankof Sikkim, SITCO, SIDICO andMilk Union might be headed for thechopping block next.

Reacting to Mr. Upreti’s out-burst over the proposed closure ofSH&DB, Political Advisor to theChief Minister, BB Gooroong,while addressing a Press confer-ence here on Tuesday alleged thatit was the Sikkim SangramParishad government’s penchantfor taking loans which hadprompted the collapse. “It wasduring the Bhandari Governmentwhen Mr. Upreti was the UrbanDevelopment & Housing Ministerthat the State took a Rs. 65 croreloan for the housing board. We arestill servicing the interest for it,”Mr. Gooroong said while adding

Cong demands White Paper

on Housing Board closure;

SDF claims Sangram loan

taking spree killed itthat the Board was no longerpractical or viable.

“Nationalised banks are hand-ing out loans for as low as 10 percent while the housing board de-mands 18 per cent interest fromloanees,” he said while stressingthat this structure made it redun-dant in the present times.

“What public service was theBoard doing anyway when hand-ing out loans at such usurious ratesof interest,” he queried further.

Mr. Gooroong further informedthat the employees at SH&DBwould be given a golden handshakeand that only a skeletal staff wouldbe kept in place under the UD&HDto realise the outstanding dues ac-cruing to the SH&DB. “It no longermade sense to keep a white elephantalive,” he said.

As for Mr. Upreti’s suggestionthat closure could hit other govern-ment undertakings, Mr. Gooroongadmitted that some were in bad fi-nancial health at present and couldbe shut down. Citing the case of Sik-kim Jewels, Mr. Gooroong said thatthe undertaking was suffering fromthe Rs. 28 crore loan taken by theSangram Government which hasdelibitated the undertaking beyondrepair. “Mr. Upreti should not becommenting on our decision whenhe was part of the governmentwhich took a Rs. 38 crore loan tofinance Sikkim Vanaspati, a unitwhich never took off,” he said.

Mr. Bhandari, in the meantimehas warned that the State Govern-ment has no right to pay for thegolden handshake from its own re-sources for mistakes that it has com-mitted. He even alleged that themoney raised for setting up theBoard should have been raised bynow since its installments were de-ducted from source.

“There is no question of runninglosses,” he said. He also stressed thatthe employees should be adequatelycompensated. He went on allege thatthe closing down of the HousingBoard was a ploy to cover-up themalpractises that took place there.

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Page 6: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

6; NOW! 11-17 Dec, 2002GANGTOK 11-17 DEC, 2002

SIKKIM MATTERS

DEEPFOCUS

RANJIT SINGH

ED-SPACE

VISITORSGALLERYSANTOSH, KINJANG & FRIENDS,

Everyone has an opinion. All of us have a take on things. We all have something that’s worth

sharing. NOW! offers you the platform to do the sharing. “Visitors Gallery” is space on the

opinion/essays page reserved for original essays by NOW! readers. Use it as you please.

The essays may however, be edited for length and content. Send all entries to NOW!, Gairi

Gaon, Tadong, Gangtok. Or email: [email protected]. The views expressed in this

column are the writer’s own and do not necessarily reflect the editorial opinion of the weekly.

6

In 1951, in its maiden challenge atestablishing a democratic polity, In-dia held its first ever general elec-tions. Many “intelligent observers”the world over thought this to besheer madness. A desperately poor,sharply divided and mostly illiteratenation of 300 million people wasabout to exercise its franchise. Somecalled it the biggest gamble in his-tory others thought the whole proc-ess to be an absurd farce.

Then, too, the population wassharply divided on communal linesespecially in the Punjab where thedivision was not only between thetwo major communities but also in-cluded the Sikhs. Nehru, then, hadcondemned the communal bodies,which were spreading the virus ofcommunalism. He feared that if theyever came to power they would ruinthe country.

The first general elections of freeIndia were fought in the aftermathof sinister and terrifying communalriots, which left a deep scar in thepsyche of the entire nation.

Today, more than half a centurylater, we have some serious soulsearching to do. Time has not healed.If anything it has only served to ag-gravate. The past is constantly dugup to justify present actions. Whatdoes it demonstrate that theupcoming Gujarat elections are be-ing fought against the backdrop of ahorrific and shameful pogrom? Thatthe communal plank is once moreproviding the base on which futurepolitical careers are going to bebuilt? That blood shedding makesfor spectacular vote gains? That thecommunal card is after all the trumpcard? That Nehru’s words are ring-ing true?

If anything it just proves that we

have not progressed much. Time is50 years older but has escaped us.The biggest gamble in history hasnot paid off. The warring tribes wehave for political parties ensure thatelections and election campaignsremain an “absurd farce” and a gameof one upmanship. Though the cen-tral BJP leadership has insisted overthe head of the state party unit thatthe carnage in Godhra and the po-grom that came in its wake shouldnot be made into issues for an elec-tion campaign the reality on groundzero is dangerously different. Theentire campaign is hideouslymounted around Godhra. There arehuge posters of Godhra, cut-outs ofburning coaches, and even T-shirtswith the Godhra incident depictedon them are being sold. Apart frombeing so blatantly visible Godhra isominously audible in the pre-pollrhetoric of the Gujarat Chief Minis-ter.

The BJP manifesto for theGujarat polls, on which the entirecountry is focused, is strangely si-lent on governance. But it does notshy away from asserting its Hindutvacredentials. It has declared its inten-tions to train young men in violenceto counter terrorism. In other wordsthe BJP and other Sangh Parivarcadres are preparing to carry outtasks normally assigned to the po-lice and the army. This would leadto the formation of some sort of acivil military watchdog troupe of

extreme right wing fundamentalistsspilling their act over and into thesocio-cultural domain, which in ac-tuality forms the nucleus of theiragenda, eventually triumphing in thetalibanisation of the entire nation.

There are enough precedents inhistory to show how this kind ofmilitarization of youth destroys civilsociety and is abused.

There are some legitimate pro-tests on how only when Hindu fun-damentalists rear their ugly heads themedia and the public are quick tocondemn them while the Islamic zeal-ots get only a soft rebuke. Here it isimperative to note that while Islamicfundamentalism is an internationalproblem that of the Hindutva kind isa national one. We need only concernourselves with national issues. WhenShiv Sena activists vandalize cinemahalls and forcefully prevent culturalevolution with threats or whenBajrang Dal loyalists and their breth-ren impose a dress code on citizensand harass couples on Valentine’sDay or when saffron looniesderacinate a centuries’ old mosque inthe name of religion or when a bloodypogrom is enacted – there is implicitconnivance of the ruling establish-ment. Terrorism of the Islamic kindis NOT endorsed by the administra-tion and this is the all importanthumongous difference between thetwo. On the other hand while theHindu fanatics go scot-free Muslimsare all viewed with suspicion and vic-timised. The army can be sent toKashmir to fight off slef-proclaimedjihadis but who will fight the deadlycommunal virus spawning on theflesh of the country?

Today, fifty years of free livinglater, we have some serious soulsearching to do.

The More ThingsChange…

We are happy to go throughyour new series of“[K]now Sikkim”. It was

a long felt need. Please keep it up.Regarding your last week’s “A

Look Back,” we would like to sharesome more points. There are manyerrors in the history books written bythe Britishers and others who werenot the residents of Sikkim. We mustrectify the errors and do researchwork about the unwritten histories ofSikkim. Before the coronation ofPhuntsog Namgyal, Sikkim was nota nation state. Various ethnic raceslived in clusters away from eachother. These tribals wandered fromone place to another until they even-tually settled down. Some migratedfrom Mongolia and came down to theeastern Himalayan region. In the be-ginning, these autochtons wereLepchas, Bhutias, Tsongs (Limboos).It’s a fact that the names of these racesare given by others. People of Bhot(Tibet), for example, were given thetitle Bhutia even though they refer tothemselves by another name. Simi-

larly, Lepchas call themselvesMonpa, Monrig or Rong.Bhutias refer to Limbus asTsongs who call themselvesLimboo or Yakthumba. The word“raksi” is not of Nepali origin either.It is a Limbu word “Lakshi” (boiledand distilled) which got corrupted tothe present form.

Before the arrival of the Gur-khas/ Nepalis, the Bhutias, Lepchas,Tsongs and other communities of theregion used their own language.Nepali/ Khas language was acceptedas the lingua franca barely a centuryago. This doesn’t and shouldn’tmean that all people accepting thislanguage as the lingua franca areNepalis. The races which are inten-tionally and forcefully clubbed intothe Nepali community have theirown language, script, culture, tradi-tion, religion etc. It is unfair to clubthem as Nepalis as they too want

78.37 per cent. This is not cor-rect. It is a convention here thatany minority religion is includedin the Hindu category while pre-

paring data. We must rectify this.How can communities which eat beefbe clubbed as Hindus?

Regarding the word “Sikkimese”- all inhabitants of Sikkim are calledSikkimese. The word shouldn’tmean any particular community, in-stead, we should use it in a generalway like Sikkimese Bhutia, Sik-kimese Lepcha, Sikkimese Limbu,Sikkimese Nepalese and so on to dif-ferentiate them from their counter-parts of other states and countries.

Regarding the word “immi-

grant”, all the communities migratedfrom other areas one by one. In thiscontext, we would like to mentionthat once the western region of Sik-kim was a part of Lumbuwan (inpresent Nepal). The people whowere settled in these areas weremerged with Sikkim when the latterannexed the area. These people be-came Sikkimese along with theirown motherland.

Let us not mix religion and eth-nicity with politics, but also let usnot mix one race with another andtry to respect each other’s language,tradition, religion etc. This way, ourcommunal harmony will not be dis-turbed, otherwise one day tolerancewould not be possible any more.

The writers are residents ofGangtok.

their own identity. The other sistercommunities should respect this as-piration and help these races protecttheir identities from extinction. TheConstitution of India is itself com-mitted to such protection of ethnicminorities. Some of them are ani-mists and shamanistic while othershave adopted Buddhism, Christian-ity or Hinduism. The Bhutias andLepchas were also animists beforeconverting to Buddhism even thoughsome continue with their animistways with the belief in Bongthings.

In this regard, we would like tohighlight the recent statement ofAcharya Giriraj Kishoriji, Vice-Presi-dent of Viswa Hindu Parishad, in hisrecent visit to Sikkim in which he putthe Hindu population of Sikkim at

DON’T MIX RACES

PARANOID ABOUT SHARINGOfficialdom in Sikkim continues to cling to anachronistic notionsabout sharing information. And it is not even sensitive documentsthat one is talking about here. It is as simple a matter as coming onrecord when approached. Officials take the easiest way out byignoring reporters with excuses of being on tour or engaged in ameeting. What most of these officials don’t realise is that everytime a scribe knocks on their doors, they are not expected to spillthe beans on the latest red-tape goof-up in the corridors of power.Most of the times, they are being sought either to confirm or denyinformation or present their side of the picture to an allegation.While journalistic ethics demand that views of all the sides be re-ported, it is only for so long that a story can be kept waiting forwant of views from the other side. What these officials don’t real-ise is that news reports cannot warm the “in” tray endlessly. TheParliament has recently cleared the Freedom to Information Bill,but one can expect even the provisions of the new Act to be pliablefor delays before information can really be freely available. Frankly,the existing laws are strong enough to guarantee information tothe people - just the people with the information are not confidentenough to share it. Sharing information automatically makes themaccountable and accountability could lead most officials on to stickywickets. Information, after all, is not just about knowing, it is alsoabout reacting to what is learnt.Information also means power and empowering the people mightbe a pet project of the politicians, but does not appear high on theagenda of the bureaucracy which draws its strength from the con-trol it wields over the people. Now that the panchayats return for asecond term under the ruling SDF Government, the powers-that-beshould perhaps look at access to information before they proceedwith further delegation of power to the panchayats. Share all thedevelopmental information of each ward with the people there andsee how they respond to it. Check whether they are mature enoughto keep an eye on all the funds that have come their way and that itis wisely spent. This would not require much. The State could actu-ally sponsor a “wall-newspaper” - a newspaper in the language thepeople are familiar with, which is pasted on the village walls for all toread. Apart from developmental news and schemes of the govern-ment, this newspaper should also provide details of various schemesand funds sanctioned for various wards in the State. Arming thepeople with just this much information would empower them withthe tools they require to keep the officials and their elected leadersaccountable. That would be true grassroots democracy at work. Itcould also be the perfect grooming for a more mature electoratewhich learns to differentiate confident promises from puerile rheto-ric. That would be the day. And if the right people desire it so, thatDay could be coming sometime soon...

Page 7: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

11-17 Dec, 2002; NOW! 7

15

GOVERNMENT OF SIKKIM, ROADS & BRIDGES DEPARTMENT

NIRMAN BHAWAN, GANGTOK.

In case of any discrepancies in rate(s) printed in the Schedule of rates and quantities issued with the tender form, then rates as approved Standard Schedule of Rates wull be taken ascorrect. The work should be commenced within 15 days from the date of issue of Work Order. All the works are time bound schemes and hence must be completed within the stipulatedtime period as above. Penalty will be levied if the work is not completed within the stipulated time, without valid reasons.The Department reserves the right to accept or reject any or all tenders without assigning any reasons thereof.

ADDITIONAL CONDITIONS:1. Quality will not be compromised and if works were not upto the specifications,penal action as per agreement, would be taken.2. Earnest Moneywill be released only after one year from the date of completion ofwork.3. The Department reserves the right to alter the estimated cost without assigningany reasons whatsoever and it also reserves the right to include further conditionsduring the course of execution of the works, which would be equally binding on thecontractor as above.4. Rates are based on 2001 SOR, strict adherence to standard specification, IRCtechnical parameters and good engineering practice shall be insisted upon duringeach stage of execution of the works.5. In case the department is unable to provide roaqd machineries on hire thecontractor should make his/her own arrangement.6. USE OF EXPLOSIVES:a) Procurement, transportation, handling, storage and use of explosives (if neces-sary) shall be the sole responsibility of the respective contractors. teh contractorsshould ensure this while blasting operation is taken up.b) Visible signs such as red flages are conspicuously disploayed around peripheryof the operation area.c) High pitch whistle or siren is blownto warn the people to retreat to safe distances.d) Service of police personals is to be arranged by the contractor for supervision.

e) Detailed and correct account of explosives, received and used should be main-tained by the contractor.f) The rules andregulationsissued by the Sikkim P.W.D or any other competent au-thority shall strictly be adhered to, with regard to procurement, transportation, stor-age, handling anduse of explosives at all times. Proper daily record of receipt andissue of explosives shall be maintained by teh contractor.7. The contractor shall also make arrangements to have photographs of the roadtaken at least at thre stages of the of the construction period i.e. beginning, middleand completion stage.8. Quarrying of stones shallbe allowed only from designated approved quarries. wherework of WBM is also involved. Binding materials for WBM will strictly be in accord-ance with specifications, both in quality and quantity. Works such as compaction,consolidation, stabilization, etc., will be required to be done on trial stretches to en-sure that materials, procedure, and equipments are producinghte desired results.9. Damages to properties in and around the work site must be avoided at all cost. Thecontractor shallbe held responsible for any acts of negligence and shall be made tomake good the damages.10. Any additional expenditure involved for quality verification of materials and pro-cedures used in the works, viz, cube strength of concrete, crushing strength of roadmetals, etc., at site or in laboratories in or outside the State, shall be borne by tehcontractor. The contractor shallalso make necessarjy arrangements accordingly asand when called upon to do so.

Principal CE-cum-Secretary, Roads & Bridges Department, Govt. of Sikkim, Gangtok.

NOTICE INVITING TENDER

N.I.T.No. 11/R&B/2002-2003 Dated 04.12.2002Sealed percentage rate tenders are invited on behalf of the Governor of Sikkim from the Contractors of APPROPRIATE CLASS enlisted in SPWD (Roads & Bridges) for the works listedhereunder. The intending tenderers/contractors should apply in writing for the tender documents which should reach the office of the Divisional Engineer (Planning) of the Roads & BridgesDepartment, Nirman Bhawan, Gangtok on 20/12/02 to 21/12/02 accompanied by the copies of the Latest Sales Tax and Income Tax Clearance Certificate, attested copy of thevalidated / updated Contractor Enlistment Certificate and the Bank Challan, which may be collected from Accounts Section during office hours in original for depositing the amount inthe Bank, towards the cost (non-refundable) of the tender documents as indicated below, duly deposited in the State Bank of Sikkim under the receipt head “0059-80-800-cost of TenderForms (Roads)”. The application for the issue of the Tender Form should invariably be signed by the contractor himself. Thereafter only, Tender forms and related documents will beissued to the applying tenderer / contractor from 23.12.2002 to 24.12.2002 during office hours. The tender forms will not be issued to persons other than the intending tenderers.

Sealed tenders should reach the office of the undersigned on or before 12:30 pm on 26/12/2002. The tenders will be opened on the same day at 1 pm.The tender documents should be placed in sealed cover with the name of the tenderer and the name of the work super scribed on it.

The tender documents should be accompanied by the following documents / certificates.1. T.D.R. in favour of the Senior Accounts Officer, Roads & Bridges Department, Gangtok deposited in the State Bank of Sikkim towards the Earnest Money of the works as under:i. @ 2.50% for those not having the prescribed fixed deposit with the Roads & Bridges Department.ii. 1.00& for those having the prescribed fixed deposit with the Roads & Bridges Department.

Copy of the prescribed Fixed Deposit Certificate (Rs. 1,00,000.00 for Cl. I and Rs. 60,000.00 for Cl.II) wherever applicable be enclosed with the tender. Further, one F.D.R. will beapplicable to only one tender. If any tenderer desire to bid for more works in addition to one work for which the tenderer’s sole F.D.R is already assigned, then 2.50% E.M. has to bedeposited for each additional bid.2. Attested copy of the validated / updated Contractor Enlistment Certificate.The tenderer should sign on every page of the tender document. The rate quoted should be both in figures and words and should be inclusive of Sales Tax and all other taxes. Over writingand corrections should be avoided and if it occurs then it should be signed. Incomplete tender shall be summarily rejected.

SNo Name of Work Work Value [email protected]% [email protected]% Completion Cost of tender

put to tender time in forms

Rs. Rs. Rs. months

1 2 3 4 5 6 7

1 Providing protective works. Restoration

of drainages, cross drain, reconstruction of

3 mtr. Span RCC culvert on DAC road and

carpeting of DAC Road, Zilla Bhawan road

and Bazaar Road to SBS, Mangan, North

Sikkim. 33,70,309/- 84,257/- 33,703/- 12 5000/-

2 Estimate for providing Protective works and

Carpeting of approach road to Tingchim village,

North Sikkim km 1st and 2nd. 29,36,428/- 73,410/- 29,364/- 12 5000/-

3 Estimate for construction of Sang Khola - Zingla

- Martam Road, East Sikkim

a Km 13th 21,72,340/- 54,308/- 21,723/- 9 5000/-

b Km 14th 23,35,079/- 58,377/- 23,350/- 9 5000/-

c Km 15th 24,43,568/- 61,089/- 24,435/- 9 5000/-

4 Construction of 15 mtr. Span RCC bridge over

Rinzi Khola,m South Sikkim 32,87,469/- 82,126/- 32,874/- 9 5000/-

5 Construction of diversion road fromj Legship

Gyalshing road Km 3rd and 4th Km, West

Sikkim 44,35,850/- 1,10,896/- 44,358/- 12 5000/-

6 Construction of Truckable road from

Khaniserbong to Kamling in West Sikkim

a Km 20th 22,33,488/- 55,838/- 22,334/- 9 5000/-

b Km 21st 22,63,318/- 56,583/- 22,633/- 9 5000/-

7 Construction of Truckable road from Lingi to

Payong Govt. Junior High School 36,77,290/- 82,932/- 36,772/- 12 5000/-

Release Order #: 225/IPR/02-03. Dated: 10.12.2002

Page 8: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

8; NOW! 11-17 Dec, 2002

DESPATCHESDESPATCHES

16

MANGANSENIOR SECONDARY

WELCOMESall Ex-Teachers and Ex-Students to the

GOLDEN JUBILEE

of the school on 10 & 11 December 2002

The Honourable Chief Minister has consented

to be the Chief Guest on the occasion

THE PROGRAM IS AS FOLLOWS:

DAY I - 10 December 2002

Games and Sports for the ex-students and ex-teachers at

Mangan Public Ground from 9:30 AM onwards: Chief Guest -

Hissey Lachungpa, Power Minister

DAY II - 11 December 2002

Golden Jubilee Celebrations at the Mangan School Ground

from 11:00 AM onwards: Chief Guest - Hon’ble Chief Minister

FOR ANY QUERIES CONTACT: Babulal Malu - 225098/ 223615;Ganden Lachungpa - 225273/ 220540; Nehru Pradhan - 225179;Ngawang Chhophel - 226690/ 222517

SCHOOL

Celebration

ADMISSION OPENFOR NEW SESSION 2003

PRE-NURSERY to CLASS I

kiddie’skiddie’skiddie’skiddie’skiddie’s

WE CARE FOR CHILDREN

A MONTESSORI SCHOOL

UPPER SICHEY, Below TAMANG GUMPA, Ph: 284465 & 284447

corner

DARJEELING: A star studdedChristmas and New Year is whatDarjeeling is gearing up for now thatmonth-long shooting schedule ofMain Hoon Na is well under waywith even the King Khan now in theQueen of the Hills.

A decade having passed sinceShah Rukh Khan was propelled tostardom with the shot-in-DarjeelingAziz Mirza box office hit Raju BanGaya Gentleman, Shah Rukh returnsto star in friend and choreographer,Farah Khan’s directorial debut.

While Farah Khan, Bindu, the 300-odd extras and the crew arrived hereon December 1 and started shooting thenext day itself, both the film unit andthe Darjeeling Police were tight-lippedon Shah Rukh’s arrival schedule; “se-

curity” being the main reason.Fans were left to their own an-

ticipation with the media adding abit here and some more there in re-ports based primarily on hearsay.

Finally on the December 5, theBaazigar finally arrived at around4:30 pm at the Windamere Hotel,Darjeeling amidst tight security.

Getting down from the MaroonToyota Qualis, Shah Rukh told the gath-ered reporters that the trip was “won-derful.” A security personnel who ac-companied Shah Rukh, however, laterrevealed that the star slept through thedrive from Siliguri to Darjeeling.

When asked whether he likedDarjeeling, Khan replied that he had asoft corner for Darjeeling and wouldalways like to come back to Darjeeling.

“It is not only because my debutfilm Raju Ban Gaya Gentleman

which was shot in Darjeeling becamea box office hit, but also because Ihad my honeymoon here too,” saidKing Khan. From the next day beganhis tight shooting schedule.

The movie is being shot mainlyat the St. Paul’s School. The star castincludes Shah Rukh, Sushmita Sen,Bindu, Amrita and Zahid. Amongthem Sushmita is yet to arrive and isexpected on the December 14.

The story line follows ShahRukh’s military officer who comesto visit his brother at St. Paul’s whichis projected as a college and fallshead over heals in love with a lec-turer there - Sushmita.

About 40 per cent of the film willbe shot in Darjeeling. The shootingincludes a daring rescue in whichShah Rukh is rescued from therooftop by a helicopter and a sizzlingrain dance filmed on Sushmita.

The school authorities have al-ready contacted the Darjeeling Firebrigade to provide the untimelyshowers on December 23. Thoughmost of the extras have come fromMumbai with the unit, 30 boys andgirls have been selected from LoretoCollege, North Point College andDarjeeling Government College, tofill the screen as college students.

While the extras have been ac-commodated in the dorms of the St.Paul’s school, the main star castalong with Farah Khan are stayingat the Windamere Hotel. Shah Rukhis expected to stay for a couple ofweeks. Tight security has been pro-vided at the hotel, St. Paul’s andKhan is escorted by he police whenhe moves around town.

For Professional beauty

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Baazigar returns tothe Queen

from AMITAVA BANERJEE

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Shah Rukh speaks to the Press on his return to Darjeeling afternearly a decade on December 5 last Thursday

GANGTOK: In continuance of theiron going science project - “IntegratingEconomy and Environment,” a 2- dayworkshop /discussion on “Promotion ofSustainable Tourism at Rolep” was or-ganised by the “Young Pandas” (the na-ture club of Govt. Senior SecondarySchool, Chujachen, Rongli), on De-cember 5-6 at the Rolep JHS campus.

The objective of the programmewas to provide a platform for the vil-lagers to interact with the tourism in-dustry representatives, administra-tors and enforcement officials, peo-ples’ representatives etc., so as towork out a plan of action for intro-duction of tourism enterprises atRolep in such a fashion that willensure conservation of natural cul-tural heritage of the area.

The workshop cum discussionprogramme on the opening day waspresided over by PK Dong, Execu-tive Director, STDC. TAAS was rep-resented at the programme by a 5-member delegation which includedP Lachungpa, President, TAAS.Prior to the commencement of theprogramme, the industry heavy-weights undertook a brief explora-tory survey to assess the tourismpotential of the Rolep village.

TAAS assured all cooperationespecially in the area of providingtraining to the local unemployedyouth. Mr. Lachungpa stressed thatTAAS was committed to the preser-vation of the environment and urgedthe villagers to adopt eco-friendlyapproach village tourism for whichsuch infrastructural facilities likeproper sanitation and garbage dis-posal system were essential.

He also observed that Rolep in-deed has immense potential of be-coming a popular village tourismdestination. Range Officer, Mr.Upreti announced to divert 60 %-70% of his budget resources towardsplantation and conservation work atthe Bauddha area of Rolep.

The second day of the workshopdisplayed enthusiasm from the vil-lagers. The student-members of theYoung Pandas club along with theirteachers collected vital informationthrough interactive sessions with thevillagers. The data gathered throughsuch sessions will find its signifi-cance in designing and policy mak-ing. Following the interactive ses-sion an ad hoc committee compris-ing 17 members, representative ofthe villagers was constituted underthe name of ‘Sustainable TourismDevelopment Committee of Rolep’.

a NOW REPORT

Students integrate economywith environment at Rolep

Page 9: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

11-17 Dec, 2002; NOW! 9

FOCUSFOCUS

17

Last month Sikkim became theeighth state of the Indian Un-ion to be included in the

North Eastern Council of States. Thebill for the inclusion of Sikkim intothe NEC has been passed by theRajya Sabha and the Lok Sabha isexpected to follow suit.

The North Eastern Council ofstates, it might be mentioned here,was formed in view of the “impor-tance and vital position the northeastern regions of the country oc-cupy. These regions require an inte-grated and well coordinated ap-proach towards development as alsoof the security of the region”.

But not all is well with the new-found status of Sikkim within theNEC. There have been voices of dis-sent and apprehension concerning theperceived loss of the special status thestate of Sikkim enjoys vis-à-vis therest of the Indian Union. One voiceof protest against the aforesaid inclu-sion is that of KN Upreti, formerMinister, Govt. of Sikkim and pres-ently spokesperson of SPCC (I).

According to Mr. Upreti, “Thesafeguards under the May 8, 1973tripartite agreement and subse-quently under Article 371 (f) of theConstitution of India have been sys-tematically allowed to be erodedunder the earlier governments andunder the present SDF Govt. The lastnail in the coffin of our distinct iden-tity has been the inclusion of theState in the North East Council.” Mr.Upreti claims he has always beenopposed to the inclusion of Sikkimin the NEC and that he has chal-lenged it in earlier sessions of theSikkim Assembly.

A careful perusal of the provi-sions of the NEC Act 1970 indicatesthat the Council has been set up onlyfor the purpose of coordinating de-velopment in the North Eastern Re-gion and does not in any way inter-fere or over ride any of the functionsof the Legislature or the governanceof the States included in the said

AND THE DEBATE GOES ON

Council. Nor does it impinge on theautonomy of the States. The said Actonly provides for an advisory bodyfor the development of the States inthe northeastern region.

The then Solicitor General ofIndia, N Santosh Hegde in 1998 hadstated that the inclusion of Sikkimin the NEC “will not in any manneraffect the status and identity of Sik-kim as the same is constitutionallyprotected under the Indian Consti-tution.” He goes on to elucidate thatthe provisions of the Constitutioncannot be overridden by any otherlegislative enactment unless theConstitution itself says so. “So faras the State of Sikkim is concerned...it enjoys a special status in the In-dian Constitution and the openingwords of Article 371 (which enu-merates the special status enjoyed bySikkim) itself states the provisionsmade therein are being made not-withstanding any thing in the Con-stitution. That being so there can beno apprehension whatsoever that theprovisions of NEC Act 1970 couldeven remotely over ride or affect theprovisions of Article 371 (f) of theConstitution.”

If this be the case it is hard tounderstand any apprehension arisingout of Sikkim’s inclusion in the NEC.As stated by the former Solicitor Gen-eral, the NEC does not control any ofthe rights and protections enjoyed bySikkim subjects who are now citizensof India as their rights are protectedunder the Special Provisions of Arti-cle 371 (f) of the Constitution. SoSikkim subjects have no reason to beapprehensive over erosion of theirrights and protections.

Nor does the NEC have any rightto over ride any existing State law.There is a special provision made in

Clause (k) of Article 371 providing forthe protection of existing State laws.Any decision of the NEC cannot inany manner either directly or remotelyaffect the laws of the State of Sikkim.

The Solicitor General concludeshis reply to the State Government’srequest for his legal opinion on theeffect NEC inclusion would have onSikkim’s existing status thus: “Inconclusion, I am of the opinion thatthe inclusion of Sikkim in the NECwould only be for the better devel-opment of the State and could neverbe in derogation of its status andidentity nor would it in any manneraffect the rights and protections ofthe people of Sikkim much lesswould it affect the provisions of Ar-ticle 371F including Sub-Article (k)of the said Act.”

Mr. Hegde’s legal counsel isbacked by another legal opinion ren-dered by KK Venugopal, a senior Su-preme Court lawyer who states: “Myopinion is that the inclusion of theState of Sikkim in the North-East-ern Council will only benefit it inthe governance of the State and willnot, in any manner whatsoever, af-fect the status and the identity ofSikkim, or, the provisions of Article371-F of the Constitution, and therights and privileges of the erstwhilesubjects of Sikkim who are entitledto preference in various matters aspersons of local origin. I am also ofthe opinion that provisions of clause(k) of Article 371-F of the Constitu-tion will not, in any manner, be af-fected or diluted by reason of Stateof Sikkim being a member of theNorth-Eastern Council.”

UPRETI’S FEAR LEGAL OPINION

� Provisions of Article 371F

diluted with Sikkim’s inclu-

sion in NEC.

� As a part of NEC Sikkim

Subjects lose their distinct

identity.

� Nothing in the North East-

ern Council Act, 1970 can

“even remotely” affect the

provisions of Article 371F di-

luted with Sikkim’s inclusion

in NEC.

� NEC does not control

rights and protections en-

joyed by Sikkim subjects

Upreti reiterates conswhile legal counsel

sees only prosa NOW FEATURE

It’s interesting howUpreti changes stance

each time he takes a newavataar: Gooroong

Political Advisor sees

a desperate

Opposition clutching

at straws in their

opposition to

inclusion in NEC

a NOW REPORT

GANGTOK: “It is interesting howa person who went on a hunger strikedemanding Sikkim’s merger with In-dia in 1973 is now talking of loss ofidentity,” said the Political Advisorto the Chief Minister, BB Gooroongwhile reacting to Mr. Upreti’s oppo-sition to Sikkim’s formally becominga part of the North East Council.

“Before I go into the details of whyNEC does not affect Sikkim’s specialstatus, I would like to ask Mr. Upretiwhy he did not protest Sikkim’s beinga part of the Eastern Zonal Counciltill now? How come the last nail onthe coffin was not struck then,” thePolitical Advisor said.

Mr. Gooroong was obviously refer-ring to Mr. Upreti’s allegation that join-ing the NEC was the last nail on thecoffin of Sikkim’s “distinct identity”.

The former CM further ques-tioned Mr. Upreti’s motives behindthe protest when he released facsimi-les of a 1989 memorandum submit-ted to the then Prime Minister, VPSingh, demanding that Sikkim beclubbed into the NEC. “Mr. Upretiis a signatory to that document andnow he claims that he has alwaysopposed Sikkim’s inclusion in theNEC,” Mr. Gooroong scoffed.

While reiterating that the StateGovernment had sought the expertopinion of not only the Solicitor Gen-eral, but also KK Venugopal a lead-ing constitutional expert, both ofwhom saw no threat to Sikkim or Sik-kim subjects from the proposed in-clusion (see accompanying feature).

When asked to comment on theprobable reasons behind Mr.

Upreti’s protest, Mr. Gooroong said,“He changes his stance with eachnew political avataar. And mind you,it is not just Upreti speaking here,it’s an Opposition in disarray whichis clutching at straws.”

The Political Advisor was obviouslyreferring to the recent meeting of Oppo-sition parties where they have apparentlycome to an agreement on forming a coa-lition - a joint body in opposition to theruling SDF Government.

Mr. Gooroong believes that hisunofficial proposal at a recent CECmeeting of the SDF that the partyconsider going in for snap polls tocapitalise on the rousing successthey enjoyed in the recently con-cluded panchayat polls has set thecat among the pigeons.

“The report triggered panic inthe Opposition camp and they havehastily grouped together. Since theydo not have any issue to raise, theyare picking on Sikkim’s inclusion inthe NEC,” he said while adding thatthe SDF would go to the people withthe truth behind the benefits of join-ing the NEC and let them decide forthemselves.

While elaborating on his pro-posal for snap polls, which he saidthe CEC was considering at the mo-ment, Mr. Gooroong said the movewas suggested for SDF to furtherconsolidate its advantage in Sikkim.

“At present, we have 31 MLAsin a House of 32, but some of theseleaders did not come to the Assem-bly on an SDF ticket. Given the faiththe people have shown in us, I feelwe should approach them with theoffer to return people with SDF cre-dentials to the Assembly. The SDFstrength in the Assembly will thennot be borrowed any more,” he said.

Whatever the real reasons be-hind raising the bogey of snap polls,the ploy seems to have worked in somuch as getting the Opposition toexpose its hand and bring out in theopen the possible lines of alignmentwhich could be forged within them.

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Upreti claims inclusion in NEC is the last nail in the coffin of Sikkim’sdistinct identity; Gooroong questions how the identity was not lost when

Sikkim was under Eastern Zonal Council

Page 10: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

10; NOW! 11-17 Dec, 2002

DEVELOPMENTDEVELOPMENT

18

Education is the best way to reform a person, whether a convict or not,” is what Aaron

Targain believes. And so to providethat element of understanding andcomprehension of the world and howit proceeds which is so stark in itsabsence in the “reform centres” orwhat are better known as “Jails,” hehas decided to provide for the edu-cation of convicts in the Sikkim StateJail, Rongyek of which he is theJailer.

Actually the brainchild of ChiefSecretary, SW Tenzing the provisionfor allowing the eligible convicts tosit for exams is at present limited tothe board exams of Class VIII. Thisis the second year that eligible con-victs have appeared for the exams.They give their exams from withinthe jail walls, which are supervisedby an invigilator. Those convictswho pass are awarded a certificatestating they have graduated fromRongyek Junior School.

“This year we started out with14 student-convicts who were study-

ing but only 8 are appearing for theexams as the others have been re-leased”, says Targain, “of the total 8candidates 5 are convicts and theother 3 are under-trials”. “Last year,too, we had 8 candidates out which3 passed”, he says.

According to Aaron Targainthere are a total of 168 convicts in

the jail including under trials. Of this25% are juveniles and dropouts.“Our end aim is not just to providethem with certificates but to makethem literate. When they go back tosociety they should be able to makea place for themselves. They shouldfeel accepted”, is how the jailer jus-tifies education within the jail walls.

a NOW! pic

And how do they prepare for theexams? “The text books are pro-vided by the Education Departmentwhile other stationeries are providedby concerned members of the com-munity especially NIIT students.These students have been motivatedby Primula Bhandari to whom we aregreatly indebted. She has been com-

ing here regularly to teach the stu-dent-convicts as the Education De-partment is unable to provide teach-ers”, says Targain. Added to that thejail itself houses a number of con-victed teachers and a principal toboot to add to the educational re-source pool of those sitting for theexams. “So when the students ofNIIT are not around to teach themthese boys take the help of our in-house experts and in return the boysclean up their mess,” explainsTargain. This he jokingly refers toas the “barter system”. The ClassVIII board exams were held fromDecember 2 to December 6.

“The key to reforming these con-victs is not to treat them as such butto look upon them as fellow humans.What they need is the “humantouch”, says Targain and much of itis visible in his interactions with theconvicts. And the best fallout of this“human touch” he says is the totalabsence of any kind of abuse in hisjail. And he is proud of it. Amonghis further plans is to start a jail li-brary for the prisoners. The 3-acre“correctional centre” also houses apiggery; a green house and a rabbitrearing farm. Besides these, convictsare also given a chance in testingtheir skills in tailoring, basket mak-ing and other creative activity.

Education as a tool for reformby RANJIT SINGH

PROGRAMME OF JANATA MELADATE CONSTITUENCY VENUE

15.12.02 Daramdin Sombaria Bazaar16.12.02 Soreng Soreng Bazaar

Chakung17.12.02 Rinchenpong Kaluk Bazaar

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DamthangJorethang

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28.12.02 Lachen Mangsila Mangan BazaarDzongu

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21.01.02 Losing Pacheykhani Pakyong BazaarPathingAssam Lingzey

22.01.02 Central Pandam Mining Ground, RangpoSang MartamKhamdong

23.01.02 Ranka Sichey HelipadRumtekGangtok

GANGTOK: According to the in-formation available here at the timeof going to print, the National High-way 31A may be kept open for Sik-kim-bound vehicles from December11, the second day of the 72-hourbandh called by the GNLF inKalimpong subdivision to protestagainst alleged police inaction overinvestigating local GNLF leader CKPradhan’s murder.

On December 10, the first dayof the bandh, no Sikkim-bound ve-hicles moved along the NationalHighway 31A, even as the bandhpassed by peacefully.

However, at the time of going tothe press, GNLF leaders inKalimpong had hinted that the Na-tional Highway might be kept openfor Sikkim. GNLF KalimpongBranch Committee President, DawaPakhrin was quoted as having saidthat the GNLF had decided to “keepNH31A open from 6 am onwardsfrom the second day (Wednesday)for rest of the 72-hour bandh for thebenefit of the people of Sikkim.”

However, the East District Ad-ministration, which borders theKalimpong subdivision, is not yetconvinced that the GNLF leaderswill keep their word.

“The GNLF leaders have in thepast failed to keep their word thatSikkim would be kept out of the pur-view of the bandh and the Highwaykept open for Sikkim-bound traffic.Despite their assurances, picketeershave held up Siliguri-bound vehiclesduring past bandhs. Whether thistime they keep their word will onlybe seen once Sikkim vehicles actu-ally reach their destinations,” a sen-ior Police officer told NOW!.

Sources indicate that there arealready two factions within theGNLF camp as far as enforcing thebandh is concerned. While onegroup is in favour of a total bandh,the other favours relaxation for Sik-kim, as per the prior agreement withthe Sikkim government.

The Officer-in-Charge at theWest Bengal checkpost at Rangpo,SI RF Lepcha while talking toNOW! on the first day of the bandh,that vehicles are being permitted topass through despite the bandh as the

emphasis of the bandh was onKalimpong. The SI further disclosedthat West Bengal police was also pa-trolling the highway and concentrat-ing on known trouble spots likeMelli, Kalijhora and Teesta. He alsodisclosed that the highway patrol didnot come across any “mischievous”looking picketeers throughout.

However, Sikkim Police person-nel at Rangpo said that only police,army and medical emergency vehi-cles were allowed on the Highwayon the first day.

Meanwhile, the State adminis-tration here has been engaged in con-stant talk with its counterparts inKolkata to press the GNLF leadersto keep the National Highway 31Aopen for Sikkim traffic.

The District Collector, East, VBPathak has reportedly spoken to hiscounterpart in Darjeeling in this re-gard. The Darjeeling District Ad-ministration has apparently assuredthe State government to provide thenecessary backup and support to letSikkim vehicles pass “if the situa-tion so demands.”

The State Police is also on alertand “assessing the situation closely.”However, the State administration isapparently adopting a “wait andwatch” policy and any concrete planof action will emerge only once thebandh is enforced. A senior Policeofficer told NOW! that “necessaryarrangements will be made to trans-port tourists and bring in essentialcommodities if talks with the lead-ership in Kalimpong fail.”

BANDH SHOWS SIGNSOF WANING

by SARIKAH ATREYA

GNLF leaders from Kalimpong show signs

exempting NH-31A from bandh purview,

make assurances

Inmates at the Rongyek State Jail ponder over the Nepali paper of the Class VIII Board exams thateight of them took from Rongyek. Education is now part of the reform initiatives at the State Jail.

Page 11: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

11-17 Dec, 2002; NOW! 11

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GANGTOK: According to the lat-est information reaching here, theUnion Cabinet on December 5 ap-proved an industrial policy for Sik-kim. The new policy, which will bevalid for 10 years, will cover “new”industrial units in the State, the In-formation and Broadcasting Minis-ter, Mrs Sushma Swaraj said after ameeting of the Cabinet.

As per the slew of packages inthe policy, excise and income-tax ex-

emption would be provided to allnew industries was well as expan-sion of existing units for a period of10 years from the date of commence-ment of commercial production.

Also, Central assistance underthe Growth Centre scheme has beenenhanced to Rs. 15 crore per centrefrom Rs 10 crore. This assistancewould be in the form of a grant.

The financing pattern in the In-tegrated Infrastructure DevelopmentCentres has been changed from theratio of 2:3 to 4:1 between the Cen-tre and SIDBI.

GANGTOK: A delegation consist-ing of the members of the CitizensUrban Cooperative Bank Ltd.,Gangtok called on the Chief Minis-ter, Pawan Chamling on December3 at Mintokgang. The CooperativeBank recognized by the ReserveBank of India proposes to open itsfirst bank at Gangtok shortly. It isregistered with the Sikkim Coopera-tive Department and is managed by

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former senior bureaucrats of Gov-ernment of Sikkim including profes-sional bankers.

The fully computerized bankplans to concentrate on the small andmedium business segment alongwith other regular sectors and pro-poses to pay additional interest ondeposit accounts at 0.5% to the ‘StriShakti’ i.e.lady customers of Sikkim.

The delegation briefed the ChiefMinister on the basic details of themanagement of the bank and soughthis support and patronage to build a

strong capital base and run the banksuccessfully for the benefit of thecommon people of Sikkim. TheChief Minister commended their ef-fort to concentrate on the small andmedium business segment and espe-cially the proposal to pay additionalinterest to women depositors. TheChief Minister told the delegationthat his government is paying spe-cial attention on service sectors liketourism, cooperative etc. and assuredall possible assistance to run thebank successfully.

a NOW REPORT

New bank promises specialinterest rates for women

CENTRE OKAY FOR SIKKIM’SNEW INDUSTRIAL POLICY

Capital investment subsidywould be increased to 15 per cent ofthe investment in plant and machin-ery, subject to a ceiling of Rs. 30lakh, she said.

Besides, extension of the Cen-tral interest subsidy of 3 per cent ofworking capital would be given af-ter the start of commercial produc-tion and there would be extensionof comprehensive insurance schemeunder which insurance premium upto 100 per cent would be reimbursedby the Centre for 10 years.

a NOW REPORT

GANGTOK: “A number of people inIndia are receiving through unsolicitedemail as well postal letters, offers totransfer huge amounts of money, usu-ally in US dollars to their accounts,”informs a notice on the Central Bureauof Investigation website.

The criminals obtain the namesof potential victims from a variety ofsources. They do not target a singlecompany but rather send out mailingsen masse. The sender usually declares

that he is a senior civil servant of oneof the Nigerian Ministries. The goalof the criminal is to delude the targetinto thinking that he is being drawninto a very lucrative, though question-able arrangement, the notice revealson the modus operandi of the net conartists.

“Members of the public are ad-vised not to fall into the trap laid bythese fraudsters and to ignore theirsolicitations,” warns CBI since theinformation culled from the dalcould be misused by the frauds.

a NOW REPORT

CBI alerts netizens againstemail frauds

Page 12: CBI CHARGESHEET AWAITS BHANDARI - Digital Himalayahimalaya.socanth.cam.ac.uk/collections/journals/now/pdf/NOW_2002_12_11.pdfin the Supreme Court, the CBI petition said: “During the

12; NOW! 11-17 Dec, 2002

Published by Lt. Col. (retd) P. Dorjee and printed at Darpan Publishing House, Siliguri. Editor: Pema Wangchuk. Now! Near Ayurvedic Clinic, Gairi Gaon, Tadong. East Sikkim. ph: 03592 270949 email: [email protected]

SPORTSSPORTS

20

GANGTOK: The Chief Minister,Pawan Chamling handed over Sik-kim Olympic Association Flag to theChief-de-mission, PK Pradhan,President, SOA at a function heldhere at the White Hall Complex onDecember 4. Mr. Pradhan will beleading a 20 member Boxing teamfor the 32nd National Games to beheld from December 13-22 atHyderabad. The team will compriseof 12 men boxers and 8 women box-

ers with 8 officials including 1 medi-cal officer.

While wishing the best to thecontingent in the National Games,Mr. Chamling said that the Govern-ment will provide all necessary sup-port for the betterment of sports inthe state and will also extend helpto the sports-persons. He further heldthat it was more important to acquirefame than just monetary gains in allfields of work including sports.

Efforts will be made by the Gov-ernment to hunt for talent in sportsfrom all nooks of the State, he added.

While referring to the request fromthe Association in regard to job res-ervation to sports persons, he saidthat the Government would look intothe matter and formulate a policy ac-cordingly.

Mr. Pradhan in his address saidthat though a small state, Sikkim hasmade considerable contribution inthe field of sports. The state alreadyhas 3 Arjuna Awardees.

He revealed that although theState was preparing to participate infour events (football, taekwondo,

archery and boxing), non-affiliationto the national federation in the firstthree events left Sikkim in a lurch.He revealed that Sikkim, ironically,did not qualify for the football ei-ther. In the case of archery, the Sik-kim Archery Association is not yetaffiliated with the National Federa-tion of archery, he said. Although theState has been winning medals inTaekwondo at the national and in-ternational levels, it lost out on thechance to participate in the gamesbecause the two Taekwondo associa-tions caused undue confusion.

a NOW REPORT

ONLY BOXERS IN SIKKIM CONTINGENTFOR 32ND NATIONAL GAMES

BOARD CONSIDERS PRIVATE FINANCECOMPANY’S OFFER FOR SBS

GANGTOK: They do not want tocall it “privatisation” or “disinvest-ment” as yet, but the Board of Di-rectors at the State Bank of Sikkimhas been interested enough by a pri-vate company’s offer to turn the ail-ing bank around.

“We are not looking at a disin-vestment here since whatever the fi-nal decision, one thing is certain thatthe State Government will continue

being the major shareholder in SBS,”revealed an informed source.

Sources further reveal that rep-resentatives of a private non-bank-ing finance company from Kolkatahad presented a detailed proposal oftheir offer to the Board members onDecember 7. This company has ap-parently worked out in detail how thebank can be turned around into aprofitable enterprise.

Information available at the timeof going to print suggests that this com-pany has offered to come in with fresh

investments as a partner, but wouldwant control of the management.

The Board, after hearing out theoffer constituted 4-member commit-tee to study the proposal and makeits recommendation. The committeecomprises of the Managing Direc-tors of SBS and SIDICO and twoGeneral Managers from SBS. Theyare expected to submit their recom-mendations within a week.

Sources further reveal that it isno secret that SBS is in poor finan-cial health and in urgent need of

a NOW REPORT

fresh investments and more stream-lined management. An earlier re-vival package which sought centralassistance has been turned away forall practical purposes by the Gov-ernment of India, forcing SBS tolook elsewhere. The offer from theprivate company could help with itsrevival plans, although there is noindication of what the Committeehas decided thus far. SBS, inciden-tally, has been incurring losses forclose to a decade now.

LAND WANTEDA Central Government organisation requiresabout one acre of freehold land in and aroundGantok approachable by a motorable roadfor construction of staff quarters. Interestedparties may submit their written offers along with(i) a copy of non-encumbrance certificate is-sued by the competent authority, (ii) Name,address and phone number of the woner, (iii)Area of land, (iv) Location of the land, (v) PattaNo./ Dag No. and (vi) Rate per square feet etc.to Editor “NOW!”, Near Ayurvedic Clinic, GairiGaon, Tadong, Gangtok, Sikkim - 707 101 within31.12.2002

GANGTOK: The Transport Depart-ment will be launching the SmartCard Project on December 12. Withthis launch, Sikkim will become thefirst state in the country to launch theSCOSTA (Smart Card Operative Sys-tem for Transport Application).

Sikkim Binding Industries (SBI)in collaboration with Smart ChipLimited received the order to startthis project from the Department ofTransport on October 25 this year.

Talking to NOW! Neil Chettri theproprietor of SBI said that this projectwould take some time to start function-

ing smoothly, but once in place thenapplicants will be able to get a smartcard issued the day they apply for it.

“The laminated paper licenses is-sued at present are outdated and sub-ject to many faults, but with SmartCard nothing can go wrong for a lostcard can be detected very easily.Motor vehicle inspectors would beprovided with Hand Held Terminals,a device, which can be used to checkthe Smart Card holders and can beused only by the MVIs,” he added.

“The department will now be ableto easily access the number of regis-tered vehicles, the number of drivinglicenses issued, the amount of rev-

enue flow and expenditure in the de-partment and so on,” he said.

He further informed NOW! that thecentral server would be kept at YatayatBhavan (Transport Section) and it wouldhave two terminals one at Jorethang andthe other at its office at By-Pass (MotorVehicles section).

Further, a notification issued onDecember 5 mandates that all exist-ing driving licences and vehicle reg-istration certificates be converted toSmart cards within six months anda year respectively. Vehicles regis-tration books are required to be con-verted to the new format within ayear of the issue of the notification.

by TINA RAI

TRANSPORT DEPT WANTS VEHICLE OWNERS TO GET SMARTER

GANGTOK: The Census GIS soft-ware to generate thematic mapsbased on provisional results of 2001Census to be hosted as part of Cen-sus of India website was launchedby Deputy Prime Minister LKAdvani on September 5. The soft-ware will enable visitors to the Cen-sus of India mapsite generate themebased maps using 2001’s provisionalsensus results.

For the past four years the Of-fice of the Registrar General andCensus Commissioner, India (ORGI)has been hosting a websitewww:censusindia.net which mainlyprovides census data on variouscharacteristics of the populations.This site, which is rated as the thirdfastest statistical site in Asian Pacificregion by ESCAP has not onlyhelped in faster dissemination of pro-visional results of Census of India,2001 but has also immensely im-proved in style and content over theyears.

With the installation of the Geo-graphical Information System (GIS)it will not be necessary for the datausers to have expensive GIS soft-ware and special skills for generat-ing thematic maps anymore.

Browse to

get your own

thematic

census mapa NOW REPORT

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