Withdraw the case and save the people of Sikkim – this is the reasonable way Posted on July 15, 2013 by Sikkim First Bureau in Comment, Editorial with 1 Comment There is a fire burning. This is evident in the mass movement that is slowly building up in the case involving the Supreme Court Case filed ostensibly by the Old Settlers of Sikkim. Old Settlers are those who lived here during the time of the Chogyal but refused to take Sikkim Subject even though it was offered to them. In 2008 the Government of India came to an understanding with the Government of Sikkim through a political process and Vide Finance Act, 2008, a new clause (26AAA) has been inserted in section 10 of the Income-tax Act, 1961 (‘Act’) with retrospective effect from assessment year 1990-91. In fact this exemption based entirely on the ‘Sikkim Subject Register’ to all those who were enrolled. This was the basis on which it was done. Hence whether you belonged to any of the communities including the business community you were entitled to the exemption. Hence with sound leadership and astute political process forged by the Chief Minister Chamling and the new clause granted the exemption. It took many years of hard work and political engagement with the Centre. Over 14 years. It takes that long and it is arduous. But if done in an honest manner then it bears fruit. The people of Sikkim were then and are united today. The rights of the people of Sikkim were safe guarded. These rights came under serious threat under the poor leadership of Bhandari. He had allowed the Income Tax Act to be extended and implemented in Sikkim. Just like he allowed the Excise Duty to be extended thanks mainly due to huge misuse. As also the Gift racket. Hence, there was an upsurge. There was a revolt which cost him his Chief Ministership in 1993. He was upstaged. That he did not work in favour of the people of Sikkim was amply clear from his letters to the Centre as CM. There is therefore complete evidence proving this. There were cases in the Supreme Court which if taken up would have meant a fair chance in losing the battle. On the contrary the political process started by Chamling ended in winning it for the people of Sikkim. Keeping the Sikkimese out of the Income Tax bracket. And that is for all Sikkimese. The definition of Sikkimese meant those who were enrolled under the Sikkim Subject Regulation of 1961. Under this one had to be enrolled in the Subject Register. What is interesting is that we are reverting to the very same issue in Supreme Court. The Chamling negotiation included the withdrawal of all the cases filed in the Supreme Court by various people including Bhandari. This meant that the Court did not have to give its verdict and an honourable settlement was done. Chamling had won a great victory for the Sikkimese in 2008. Now a set of seven non subject holders and all businessmen have gone to the Apex Court and prayed that all the Sikkimese be denied this right given under the Clause 26AAA if they cannot also avail of the same. It is impossible for them to get it so their prayer will by default be denial to all Sikkimese. How unfair. How ridiculous. Having said all this we can only wait. The Chief Minister has clarified that the matter is sub-judice. He cannot say anymore. But the political process which was going on anyway and in which there was complete support from his end has ended. It can only begin if the case is withdrawn and status quo restored. The only other option, as he has pointed out, is to fight it legally and intellectually. And to those who say that Chamling is the reason for this mess we would like them to stick to the facts. It is self-evident.
Posted on: Tue, 16 Jul 2013 18:31:43 +0000
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