Sikkim High Court takes suo motu PIL over river flood threat after Nepal tragedy

The Sikkim High Court has widened the scope of its suo motu public interest litigation on climate justice by bringing four more authorities on record, including the Union Ministry of Railways and the National Highways & Infrastructure Development Corporation Ltd (NHIDCL).

A bench comprising Chief Justice A Muhamed Mustaque and Justice Bhaskar Raj Pradhan, in an order dated September 17, directed that the Sikkim State Disaster Management Authority, State Power Department, Union Ministry of Railways and NHIDCL be impleaded as respondents and issued notices to them.

The proceedings, registered as WP (PIL) No. 11 of 2026, are titled “In Re Climatic Justice in the State of Sikkim.”

The High Court initiated the case on its own motion, taking cognisance of the severe hardship caused by recent flash floods in neighbouring Nepal. The court’s order states that the reasons for initiating the proceedings have been set out in a detailed note prepared by the Chief Justice.

Three legal experts appointed as Amici Curiae

The court has appointed three legal experts as Amici Curiae to assist it in examining the issues arising from the proceedings.

They include Advocate Sudhir Mishra, who was assisted during the hearing by Advocates Ritwika Nanda and Petal Chandhok through video conferencing, as well as Senior Advocates Dr Doma T Bhutia and T R Barfungpa.

During the hearing, the Government Advocate accepted notice on behalf of the State Power Department and waived formal service. The Deputy Solicitor General of India, appearing for the Union government, also accepted notice on behalf of the Ministry of Railways.

As the Sikkim State Disaster Management Authority currently has no standing counsel, the High Court Registry was directed to serve notice after completion of the requisite process.

Legal Services Authority asked to gather ground-level inputs

In a significant direction, the court also asked the Sikkim State Legal Services Authority (SSLSA) to assist the Amici Curiae in collecting ground-level information and inputs from affected areas across the state.

The direction indicates the court’s effort to incorporate information from local communities into its consideration of climate-related vulnerabilities and preparedness.

With the necessary procedural steps now assigned to the Registry, the matter has been listed for the next hearing on October 6, 2026.