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“Amended petition erroneously overlooked”; SKM says hurtful words “were deleted from the original petition”

“Amended petition erroneously overlooked (by SC)”; SKM says hurtful words “were deleted from the original petition”

Sikkim Krantikari Morcha (SKM) party held its high level meeting comprising of the Central Executive Committee and District Executive Committee at Samman Bhawan on Friday, January 27. The high level meeting was chaired by the Party President cum Chief Minister Prem Singh Tamang (Golay).

Tamang expressed concern on the issue of the recent judgement that has hurt ethnic emotions of the Nepali community along with the indigenous ethnicities who are also hurt by the words that were used in the PIL that ended up in the verdict of SC exempting Old Settlers and Sikkimese women married out of state of Income Tax, by directing the amendment of IT Act.

In his address Tamang spoke on the issue of recent judgement in regard to income tax exemption for old settlers of Sikkim. He welcomed the judgment wherein the Old Settlers of Sikkim have been exempted from income tax but expressed deep concern on the mention of Sikkimese Nepali community as foreigners.

He further enlightened that upon pronouncement and study of the impugned judgement, the state government initiated steps to approach the Apex Court to expunge the mention of Sikkimese Nepali community as foreigners and stressed that no stone will be left unturned to address this issue.

Commenting on the allegations that the state government has turned a blind eye on this issue CM said that “there has been false and unfounded allegations that the state government has remained silent on the issue, we wish to stress that Sikkim Krantikari Morcha being a responsible political party and also the ruling party in government cannot abruptly give statements or react on any issue without proper study and critical analysis”.

SKM’s statement also said that the CM stressed that “we are a responsible and mature government who endeavours its best for all the Sikkimese without making noise. He said that He has always believed that let success make the noise, not the process.”

The Supreme Court Of India in Writ Petition (C) # 59 of 2013 in the matter of Association of Old Settlers of Sikkim and Ors. Versus Union of India and Anr. pronounced its judgement on January 13 2023.

In SKM’s meeting it was revealed that, “On a reading of paragraph 10(a) @ Pg. 46 and paragraph 25 @ Pg. 58 of the Judgment dt. 13.01.2023 passed by the Hon’ble Apex Court in the captioned matter, it appears to suggest that Nepali’s were migrants and persons of foreign origin settled in Sikkim.”

The statement further said, “It appears that the aforesaid error has crept into the judgment due to the Hon’ble Judges inadvertently ignoring the fact that all such references and other similar references made by the petitioner, i.e. the Association of Old Settlors, were deleted by way of an ‘Application for Amendment of the Writ Petition’ filed by the petitioner on dt. 31.07.2013 and which was allowed by the Hon’ble Apex Court vide Order dt. 02.08.2013”

“Thereafter, the words “Nepalese Origin”, “of foreign origin”, “mainly from Nepal”, “were
of Nepalese origin”, “Nepalese”, “like the Nepalis”, “these persons of foreign origin were mainly from Nepal, Bhutan, Tibet and India” “of Nepalese origin and Tibetan origin” and “were included as Indian citizens by these Government orders”, “Nepalese and Tibetans”, “foreigners”, “especially of Nepali origin”, “migrants of Nepali origin” and “of which about 70 % are of Nepali origin” were deleted from the original petition.”

“It appears that while dictating the above mentioned Judgment dt. 13.01.2023, the Hon’ble Judges erroneously overlooked the amended petition.” The statement informed about the change in the petition that was sent via an application for amendment.

The party’s statement also enlightened on the fact that Article 137 of the Constitution of India grants the Supreme Court of India the power to review any of its judgments or orders. This power is however subject to the rules made by the Supreme Court of India under Article 145, as well as the provisions of any law enacted by the parliament. Further, as per the Supreme Court of India Rules 2013 (XLVII.2) a review Petition has to be filed within 30 days from the judgment or order of which review is sought and must be placed before the same Bench which had delivered the decision.

“Therefore it was decided to explore the possibility of filing a review petition for the same.” SKM stated.

They further ensured that this was nothing but a domino effect of overlooked facts, and erroneous ignorance, the party stated, “Since this is an unusual development and extraordinary situation, and the subject matter & procedure being so sensitive and serious; it was decided to engage the best expert lawyers and do the needful.”

“All necessary steps have already been initiated and all endeavours will be made to properly address the issue in the larger interest of people of Sikkim.” SKM stated.

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