Supreme Court To Hear Plea To Modify Judgment Describing Sikkimese-Nepalese As Of 'Foreign Origin'

As protests are simmering in Sikkim over a remark in a Supreme Court's judgment indicating that all Nepalis settled in Sikkim are of "foreign origin", an application has been filed in the Top Court seeking to remove the said observation.The observation was made in the judgment authored by Justice BV Nagarathna in the case Association of Old Settlers of Sikkim vs Union of India which held that the exclusion of old Indian settlers, who have permanently settled in Sikkim prior to merger of Sikkim with India on 26.04.1975 from the definition of “Sikkimese” in Section 10(26AAA) of Income Tax Act as unconstitutional. The comment, which was made while describing the history of Sikkim and has no bearing on the ultimate reasoning in the judgment, has sparked widespread protests in Sikkim which has long-standing fault-lines existing among different ethnic groups.In this backdrop, two persons belonging to Sikkimese Nepali group have filed an application in the Supreme Court seeking modifications in the judgment. The application was mentioned by Senior Advocate Sanjay Hegde before Justice BV Nagarathna on Monday. The judge agreed to list the matter.The controversial portion of January 13 judgment reads as follows - "Therefore, there was no difference made out between the original inhabitants of Sikkim, namely the Bhutia-Lepchas and the persons of foreign origin settled in Sikkim like the Nepalis or persons of Indian origin who had settled down in Sikkim generations back".This sentence, the plea said, appears to convey that the Court has referred to all Nepalis in Sikkim as 'foreigners'. The applicants state that this is an "inadvertent error" in the judgment which requires to be modified."....most people designated as Sikkimese of Nepali Origin who form almost 70 percent of the population of the State are actually indigenous to Sikkim, just like Sikkimese of Bhutia & Lepcha origin", state the applicants.It is the applicants' case that designation of the first indigenous people of Sikkim as that of "Nepali Origin" is actually a misnomer. However, it's being carried on till the present day, the plea said."....an impression may have formed that the Sikkimese of Nepali Origin are foreigners settled in Sikkim. However, nothing can be farther from the truth."The above stated misnomer has deeply hurt the sentiments of all sections of the people of Sikkim who have jointly taken to the streets to express their resentment. The applicants Bharat Basnett and Ram Bahadur Subba also referred to the ongoing protests in the State on this issue.Further, the plea stated that though some residents in Sikkim may be of foreign origin, i.e., those born in Nepal or the immediate descendants of Nepal, they comprise only a minuscule percentage of the population.The applicants, who were not parties to the original case, therefore sought intervention in the matter as neither the original petitioner nor the State Government has taken any steps to seek rectification.In this regard, the application seeks a modification of the order in the "interest of justice and to heal the wounds of more than half a million citizens of India who feel deeply alienated in account of the (aforesaid) inadvertence...".The application was filed through Advocate-on-Record Anas Tanwir.Case Title: Association of Old Settlers of Sikkim and Ors vs UOI | WP (C) 59/2013

Supreme Court To Hear Plea To Modify Judgment Describing Sikkimese-Nepalese As Of 'Foreign Origin'

Rintu Mariam Biju

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