Ministry of Home Affairs files review petition in Supreme Court on observations on 'Sikkimese Nepali'

Ministry of Home Affairs (MHA) has filed review petition in Supreme Court against some of the observations and directions in a recent judgement dated 13th January, 2023 in two petitions of 2013 and 2021 filed by Association of Old Settlers of Sikkim and Ors in Supreme Court. 

The Ministry of Home Affairs in a tweet informed that Government of India reiterated its position about the sanctity of Article 371F of the Constitution that safeguards the Sikkimese identity, which 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.

Earlier in the day, Sikkim's Lok Sabha MP Indra Hang Subba called on the Vice President of India Jagdeep Dhankhar at his office in the Parliament. The Lok Sabha MP  apprised him on how the Supreme Court has unjustly observed the Sikkimese Nepali as persons of foreign origin which has deeply hurt the sentiments of our people.

He also informed Vice President regarding the review petition filed by State government and the assurance given by Union Minister of Law and Justice to support the review petition.

Indra hang Subba  on behalf of the people of Sikkim requested the Vice President to make necessary interventions to support the State’s review petition made to the apex court to expunge the observations where the Sikkimese Nepali community has been unjustly pronounced to be of “foreign origin”.
Earlier on February 5, Union Minister of Law and Justice Kiren Rijiju said that he has spoken to Sikkim Chief Minister Prem Singh Tamang on 'immigrant' tag' issue and have assured that Government of India is looking into the matter on priority.

He said that Union of India is also filing a review petition in Supreme Court to support Sikkim Government through Solicitor General of India and added that Government of India stands with the people of Sikkim.

The Union Minister also assured all the people of Sikkim that this judgment does not deal with or dilute Article 371F of the Constitution and has nothing to do with anyone's citizenship. 

He said that Government of India value the Constitutional status of every genuine Indian and will be protected at any cost.