Sikkim court orders FIR against MLA Kala Rai in property demolition case

A court in Sikkim has directed Sadar Police Station in Gangtok to register an FIR and investigate allegations linked to the demolition of a structure near STNM Hospital in Sochakgang, in a case involving Upper Burtuk MLA Kala Rai.

The order was passed on May 20, 2026, by Civil Judge Nairitya Sharma in connection with a criminal miscellaneous case filed by complainant Sonam Pintso Bhutia under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

According to the complaint, the incident allegedly took place on April 8, 2026, between 1 pm and 2:30 pm near STNM Hospital.

The complainant alleged that Kala Rai, accompanied by supporters, associates and labourers, entered a disputed property and demolished a structure standing on the land.

The complaint stated that issues relating to alleged encroachment on the property were already pending before the District Collector and District Magistrate, and alleged that action was undertaken despite the matter being under consideration before competent authorities.

It was further alleged that people accompanying the MLA dismantled and damaged the structure without following legal procedure.

The complainant also alleged unlawful entry into the property, substantial damage to the structure and claimed the MLA remained present during the incident.

According to the complaint, objections raised during the incident allegedly led to threats, intimidation and an altercation at the site.

Court records noted that a written complaint had first been submitted to Sadar Police Station on April 8 seeking registration of an FIR.

The complainant later approached the Superintendent of Police, East District after no FIR was registered.

During proceedings, the investigating officer opposed the plea and argued that no prima facie case existed against the proposed accused.

The officer reportedly submitted that the complainant had illegally erected the structure on public land and contended that ingredients of criminal trespass, unlawful assembly and related offences were not established.

After hearing both sides, the court observed that the complaint disclosed cognisable offences requiring investigation.

The order referred to the Supreme Court judgment in Lalita Kumari vs Government of Uttar Pradesh (2014), which mandates FIR registration when information reveals a cognisable offence.

The court further observed that disputed questions relating to identification of persons involved, electronic evidence, assessment of damage and determination of individual responsibility required proper police investigation.

The court accordingly directed Sadar Police Station, Gangtok to register an FIR and proceed with investigation in accordance with law before filing either a charge sheet or closure report.