MHA files review plea in SC on observations on Sikkimese Nepalese

Opposition parties including former CM Pawan Chamling’s SDF, along with Sikkim’s civil society has been protesting the SC verdict’s “language” and the “use of foreigner tag” for the Sikkimese Nepali community.

SKM president and Sikkim CM Prem Singh Tawang had last week tweeted that his government will file a review petition in the SC to have the particular passage using “this language” expunged.

Tamang said he had spoken to Law Minister Kiren Rijiju who extended support to the Sikkim government on the issue and will also meet the Minister personally.

With protests refusing to abate despite the CM’s reassurances, and reports of violence and protesters burning Tamang’s effigies, a BJP delegation from Sikkim led by state president D R Thapa met Home Minister Amit Shah on Sunday and apprised him of the matter.

In a series of tweets on Monday, Shah’s office said the Centre has submitted before the SC its position about the sanctity of Article 371F of the Constitution, which safeguards the Sikkimese identity.

“…the safeguards should not be diluted. Further, the observation in the said order about persons of foreign origin settled in Sikkim like Nepalis should be reviewed as the said persons are Sikkimese of Nepali origin,” the tweets said.

The Supreme Court on January 13 pronounced its judgment in the 2013 Association of Old Settlers of Sikkim vs the Union of India case to which the state government is a party.

With the government not objecting, the court ruled in favour of the old settlers, exempting them from paying income tax and calling the differentiation made between them and the other communities “discriminatory”.

Though the Sikkimese civil society has not been against the court verdict, it has objected to the “use of foreigner tag” for the Sikkimese Nepalese.