Gangtok: Jan. 12, 2011
Sikkim Democratic Front has stated that the Assembly decision to constitute Justice RK Patra Commission is a historic decision of the Chief Minister Pawan Chamling to constitute the commission against himself and some former and present Ministers to investigate allegations of corruption. This was siad in a press conference addressed by former and present MPs from the party, Bhim Dahal and PD Rai respectively.
Mr. Dahal who is also the Spokesperson of the party stated that the democratic Chief Minister, Pawan Chamling has created history in the State by constituting the Commission to investigate the false and unwanted allegations. P D Rai stated that the Assembly has taken this decision to send the message to the people, New Delhi and political opponents that the act of SPCC President is the attack on the people of Sikkim and is a conspiracy.
This decision could have been taken in the cabinet meeting and the Chief Secretary could take out a Notification for the same. The decision of not allowing the CBI to enter into the state is as per the powers enjoyed by the state and also due to the partial nature of the CBI. The State Government has only used its constitutional right.
Mr Rai informed that the Chief Secretary received a communication dated 12 October 2010 from Joint Director, Central Bureau of Investigation forwarding a report/note containing allegations of corrupt practices, acquisition of disproportionate assets etc against the Chief Minister and some former and present Ministers. The CBI asked for the consent of the State Government under Section 6 of the DSPE Act 1946 to further register/investigate the case with regard to the allegations. In response, the Chief Secretary sought some particulars and other necessary details from the CBI to examine the matter before taking further action. The CBI did not furnish any materials in particular except whatever is based on source information, said Mr. Rai.
Rai also said that prior to this, the State Government on 20th July 2010 had issued a Notification at par with Notifications issued by other State Governments that CBI could investigate cases of central government employees and persons employed in connection with central government organizations only after taking due permission from the state government.
The position of the state of Sikkim is made clear as other State Governments and that the CBI can not investigate offences committed by any person in any state unless there is formal request or consent by the State Government, Mr Rai informed.
The party claimed that allegations set out in the note attached to the communiqué dated 20th October 2010 was based on information from various sources and the CBI have nothing to substantiate the allegations. It was mentioned that the stand of the CBI is very different and contradicted by a signed statement of Nar Bahadur Bhandari or Sikkim Pradesh Congress on 25 June 2010 that he made a written complaint to the CBI and furnished materials to the CBI.
It was mentioned that the CBI withheld the complaint and other materials in its possession from the State Government. The party claimed that the CBI is not acting in a bona fide and fair manner and it is in collusion with Mr Bhandari and the Congress party which is the ruling party at the Centre.
The Cabinet which considered the matter has expressed the same feeling of lacking fairness and impartiality on the part of the CBI in the above circumstances, he said.
It was stated that the party fully agreed with the sentiments and apprehensions expressed by the cabinet and endorsed the decision to request Justice RK Patra, retired judge of Sikkim High Court- a very upright and honest person known for his impartiality, to enquire into the allegations and submit the report as a Commission of Inquiry.
The State Assembly has also passed a resolution endorsing the decision of the cabinet not to entrust the enquiry to the CBI but to entrust the same to a retired Chief Justice of the High Court- an impartial and independent body, he informed.
They also alleged that the opposition Congress Party has been repeatedly making politically motivated and fabricated allegations against the Chief Minister and others ever since government of SDF party came into the power in 1994.
It was also informed that Mr Bhandari had appealed to the Governor earlier but after enquiring the matter, the Governor did not find merit in the allegations and rejected the complaint. He then filed a petition in the High Court which was again dismissed. This was challenged in the Supreme Court but the Supreme Court dismissed it again.
It was further informed that Mr Bhandari got a petition filed in the Supreme Court labeling the same allegations through Kunga Nima Lepcha and others. An affidavit was filed that the petition was filed at the instance of and guided by Mr Bhandari. This is noted in the order of the Supreme Court and Mr Bhandari had appeared from the Supreme Court premises addressing the media and televisions, it was informed. Hence all these facts clearly bring out that the letter to the CBI seeking approval of the State Government for investigation is only an extended campaign against the named public functionaries and in collusion with the opposition said Mr Rai.
Such apprehension is strengthened by the letter appearing in Sikkim Pradesh Congress Sandesh containing the news item ‘Sikkim Mahaloot’ and subsequent letter written by Mr Bhandari to Sonia Gandhi, they alleged.
Mr Rai further added that the CBI is never known to be impartial and is known to act at the behest of the ruling party in the centre as can be seen from its changing stands in the cases of Mayawati, Mulayam Singh Yadav and Lalu Prasad Yadav. They only target the opposition party leaders, never that of the ruling party in the centre. CBI is a tool in the hands of the Central Government and party in the power in the centre, he added.
The SDF party strongly believes that the present campaign by the opposition parties is the result of their frustration of not being able to persuade the electorate to vote in their favour in the last election and a part of a sinister design to destabilize the government and divert its attention from developmental activities.
It was mentioned that at present Sikkim is one of the most peaceful states in the country even though it shares three international borders and threat from interests inimical to the country.
Mr. Rai and Dahal also said that from the lack luster approach to development of earlier government to a fast track development record, the SDF government led by Pawan Chamling has already proved its mettle during the last seventeen years. The State Government has recorded multiple increases in many of the development figures.
It was maintained that the people in the last election have overwhelmingly rejected all opposition parties and voted SDF party to power so that various progressive programs already initiated by the party and the Government could be further consolidated and continue to move vigorously and the development of the state is further accelerated. Inspite of this politically motivated action by the opposition, the SDF party stands motivated and committed to fulfill its various missions they concluded.
(Courtesy: Sikkim Mail)