The Bar Association of Sikkim (High Court and Subordinate Courts) has urged President Droupadi Murmu to defer the swearing-in of Governor-designate Dushyant Kumar Gautam and keep his appointment warrant in abeyance pending the resolution of the controversy surrounding the 2022 Ankita Bhandari murder case.

Gautam however took the oath as the 21st Governor of Sikkim today. Sikkim Chief Justice A Muhamed Mustaque administered the oath to Gautam.

The Association President Tashi Rapten Burfungpa told LiveLaw that they were not making any direct personal allegations or prejudging guilt, which remained within the investigative and judicial domain. Stating that the concern was institutional, he said, "The office of the Governor is the highest constitutional seat in the State. When persistent public controversy surrounds an appointee, and the matter has drawn nationwide concern, public probity requires that the air be conclusively cleared before the oath was administered, not after."

The association said Sikkim was known for its peace, communal harmony and adherence to constitutional values, and expressed concern that proceeding with the appointment under the shadow of an unresolved controversy could undermine the dignity and institutional standing of the State.

Clarifying that it was not making any direct personal allegations or prejudging guilt, which it said remained within the judicial domain, the association stated that Gautam's name had repeatedly figured in public controversy and demands for an investigation in connection with the 2022 murder case.

It added that public probity demanded that high constitutional offices remain free from controversy in the eyes of citizens.

The representation stated:

“The moment the oath is subscribed, Article 361 of the Constitution instantly activates blanket immunity from criminal proceedings, summons, or investigation during the tenure. Should the oath proceed while his name remains associated with an unresolved controversy, it creates an unavoidable constitutional impasse, effectively stalling transparency and eroding public confidence in the neutral stature of Lok Bhavan.”

The association appealed to the President to direct the immediate postponement of Monday's swearing-in ceremony and keep the appointment warrant in abeyance until the controversy was resolved and Gautam's name was conclusively cleared by the competent investigating authorities.