Sikkim: CM Prem Singh Tamang chairs high level meeting in Samman Bhawan; welcomes SC's judgement on IT exemptions

Sikkim Krantikari Morcha held its high level meeting of Central Executive Committee and District Executive Committee at Samman Bhawan on January 27 which was chaired by the Party President cum Chief Minister Prem Singh Tamang (Golay). 
In his address CM Prem Singh Tamang (Golay) 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.

He also stated although 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. He 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.

 Supreme Court Of India in Writ Petitin (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 13th January 2023.

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. It appears that the aforesaid error has crept into the judgment due to the 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 Judges erroneously overlooked the amended petition.

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 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. 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 it was informed by Political Secretary to CM Jacob Khaling.