Sonam Wangdi, Little Knowledge Series Printed Himalayan Mirror 24 Nov 2014 THE CHARGE OF “Anti-Nepali” AGAINST ME PKC is above the Apex Court. If not, he shall beg for pardon from the Court. Part II (A) I. “Seberin Rai: Nepali jaatilie kewal dhakrey ra majdoor matra samjhaney Sonam Wangdi NEECH BYAKTI tatha sara Bharatiya Nepaliharuko birodhihoon. Sampurna Sikkimey Nepaliharu sangha chama mangnuparcha; [“Sonam Wangdi, a low-born man, (neech byakti), who thinks Nepali caste (Nepali jaati) only as ‘dhakrey’ and labourer shall beg for pardon from the entire Nepalese of Sikkim”]: Samai Dainik, 22 June, 2014, Page 4. II. “Sri P Kumar Chamling (PKC) ley sampurna Gorkhalandka Gorkha haru sangha chama mangnuparcha; PKC shall beg for pardon from all Gorkhas of Gorkhaland”. [Himalayan Mirror, 15 Nov., 2014]. III. “PKC ley sampurna Sikkimka Sikkimey (Bhutia-Lepcha, Nepali, Byapari, excluding “fraudsters”) harusangha chama mangnu parcha; PKC shall beg for pardon from the entire B-L, N, B of Sikkim”. IV. “PKC ley sampurna Bharat ra viswaka Nepaliharusangha chama mangnu parcha; PKC shall beg for pardon from the entire Nepalese of India and the world”. V. “PKC ley sampurna Bharatka Bharatiyaharusangha chama mangnu parcha; PKC shall beg for pardon from the entire Indians of India”. VI. “PKC ley sampurna Nepal, Bharat ra viswaka HINDU HARU SANGHA chama mangnu parcha; PKC shall beg for pardon from the entire Hindus of Nepal, India and the world” or prove his statement: “Yee Hindu haru ley (these Hindus) ooniharuko dharma-karma hamima jabarjasti ladeyra (have forcefully burdened us with their religion) hamimathi soshan gariraheyko cha (have been exploiting us). Full details see Part III. VII. “PKC ley sampurna Bharat Sarkarsangha chama mangnu parcha ya 34 crore khaneyko praman garnu parcha; PKC shall beg for pardon from the Bharat Government or prove the receipt of bribe money amounting to Rs. 34 crore for the Nepali language in the 8th. Schedule”. VIII. “PKC ley sampurna Election Commissionsangha chama mangnu parcha ya 1989 election “total farce ho” praman garnu parcha; PKC shall beg for pardon from the entire Election Commission of India or prove that the 1989 election was a “total farce.” The ‘farcical election’, ironically however, made him Cabinet Minister on December 1, 1989 (Sikkim Government Gazette No. 122) for the first time in PKC’s life. IX. All my efforts, as in the past, however, will go in vain. Nothing will happen to PKC. For, all constitutional functionaries are in his pockets owing to his gargantuan swag. Even the Lord of Death is in the pay of PKC as testified to by Shri PM Subba. I am sorry for Bapu Asaram and Sahara Chief who are in jail for crimes which are no crimes if they are compared to what PKC did. Also, during a nocturnal operation on November 19, 2014, at his Barwala ashram, Sant Rampal was arrested by Haryana Police and produced before the Punjab and Haryana High Court on the next day. His ‘crimes’ pale into insignificance against those of PKC. (Asaram, Rampal, Mamata and others ‘troubled’ by CBI should immediately contact PKC for a time-tested ‘CBI-proof mantra’). X. For, “Not even God can help this country”, a dismayed Supreme Court said on 5 August. [The Telegraph, Calcutta, 6 August, 2008]. Also see my Part IV The Plunder of the Nation, 6th Feb 2013. XI. India is ripe for a Muhammad of Ghur(?-15 March, 1206) or a Babur (Zahiruddin Muhammad, February 15, 1483-December 26, 1530) or an East India Company(December 31, 1600-June 1, 1874). Post-UPA India is likened to Post-Aurangzeb India owing to their respective misrule. PKC ley sampurna Supreme Courtsangha chama mangnu parcha; [PKC shall beg for pardon from the entire Supreme Court of India because among others, ICFAI in Chhatsigarh was declared illegal by the Court on February 11, 2005; but the “illegal ICFAI in Chhatisgarh” became “legal ICFAI in Sikkim” 2005; and ICFAI is still legal in Sikkim by the grace of PKC, undermining the sanctity and authority of the Supreme Court. I understand that many other organizations declared “illegal” by the Courts are “legal” in Sikkim under the protection of PKC and PKC-declared “sovereign Sikkim assembly”, making a mockery of Law, the Constitution and the Judiciary. Supreme Court: the most powerful court My incompetent understanding of the Indian Law and the Constitution is that the Supreme Court is among the most powerful organizations in the world. Inaugurated on 28 January, 1950, as a successor to the Federal Court of British India, it has the widest possible judicial jurisdiction. It is supreme and no power is above the Court except the Constitution, the people and God. Nevertheless, in this paper, I have shown with irrefutable evidence that PKC is above the Supreme Court; for, he is not bound by it. In fact, PKC is “greater than Lord Shiva”, as stated repeatedly. The survival of India depends on the survival of the Supreme Court as a final arbiter of sound justice without any fear or favour or discrimination. Incoming Modi Government to defend Collegium In my “An Open Letter to Hon’ble Narendra Damodardas Modi, Chief Minister, Government of Gujarat,” [Sikkim Express/ Himalayan Mirror, 9 May, 2014], I wrote, among others, the following seven paragraphs. 1. ….I foresee that a week from today, the process of anointing you by the sovereign Indians as the fifteenth Prime Minister of this great country will begin…. In the evening of my life, I have learnt that for the survival and prosperity of Indian democracy, only two organizations are of the greatest importance – Defense and Judiciary –notwithstanding the fact that other organs of the State too play their parts. 2. Lord Meghnad Desai wrote: “The judiciary remains the only institution which can fulfill the hopes people had when the Constitution was adopted”. Next “Only the Supreme Court guards the Constitution while Parliament eagerly subverts it by amendments”.[See my In Defense of Justice, Part I, Himalayan Mirror, Gangtok, 11 Sept, 2013(SW11/9)]. 3. Law Minister, India, Kapil Sibal, said: “We do not think that the Collegium syatem has worked to our expectations. I don’t think it even worked to the expectations of the Judiciary”. [The Hindu, Kolkata, June 3, 2013]. To me, however, the Collegium system should work to the “expectations” SOLELY of the Constitution and not to the “expectations” of the judiciary or executive or legislature or Ruling Political Parties. (SW (11/9) 4. “I propose to defend the collegium in the interest of my fellow Indians and in the interest of the Republic of India. By defending the system, I repeat, we are not defending the judiciary; nor, it may be clarified, are we supporting any institution or organization, but we are defending India and its people and its Constitution.” (SW (11/9) 5. James Wilford Garner wrote: “The ideal system of selecting judges has not yet been discovered. Perhaps the system of executive appointment from lists of nominees made by the court in which the vacancy is to be filled possesses merits which no other system has”. [Political Science and Government, American Book Company, New York/World Press, Calcutta, 1928/1951, Page 729]. 6. Harold Joseph Laski wrote: “Once appointed, a judge should obviously hold office during good behaviour; otherwise he cannot acquire that habit of independence inherent in his position. There should, further, be a retiring age which might reasonably be fixed at SEVENTY years. There are, of course, judges who, even at EIGHTY, are capable of doing magnificent work”. Capitals mine. [A Grammar of Politics, George Allen & Unwin, London, 1925/1960, Pages 549-50]. Also see my In Defence of Justice Parts III and IV in Himalayan Mirror 2 Oct., 2013 and 18 Dec., 2013 respectively. 7. I urge the incoming Modi government to continue the Collegium system with amendments for appointing judges in High Courts and the Supreme Court. If the Judges commit any ‘wrongdoing’ while operating the system, they may be punished after following the due process of law. The Central government’s proposed system is based on the “collaborative exercise” with judiciary in the appointment of Judges. I, however, wrote: “Subject to faulting my view by a competent authority, the Law Minister’s proposed ‘collaborative exercise’ is yet another instance of ‘subversion of the Constitution’, contravening one of the basic structures of the Constitution – the independence of the judiciary. What kind of justice can Indians get from men and women of justice in the temples of justice in the administration of justice in a higher judiciary which is in ‘collaborative exercise’ with the biggest litigant in the country (Government of India)?”.[Himalayan Mirror, dated 25 Sept., 2013]. Modi was sworn in as the 15th. Prime Minister on May 26, 2014. The following six paragraphs are extracted from my Part VII THE RIGHT TO INFORMATION ACT Sonia Gandhi’s Eternal Gift to India, Himalayan Mirror, Gangtok, 17 October, 2014. 1. ICFAI declared illegal in Chhatsigarh made legal by the only “sovereign Sikkim Assembly in the world”. The Supreme Court, on February 11, quashed the establishment of 117 universities under the Chhatisgarh Establishment of Universities Act and struck down the law itself as “unconstitutional”. ICFAI, set up in September, 2002, was one of them. A three-Judge Bench of Chief Justice, RC Lahoti and Justices GP Mathur and PK Balasubramanyam ruled the Chhatisgarh Establishment of Universities Act as “null and void” and “deemed not to have been effected”. [The Telegraph, Calcutta, 12 February, 2005]. (It was also quoted in Himalayan Mirror, 6.6.12.) 2. The Apex Court’s ruling, mutatis mutandis, is relevant to the private universities in Sikkim. [See my Private Universities in Sikkim Part III, Himalayan Mirror 6 June, 2012]. 3. In utter contempt of the Supreme Court, however, the ICFAI University is still continuing in Sikkim. If ICFAI can prove that it was not illegal in Chhatisgarh and that it is legal in Sikkim, I shall be delighted to stand corrected. 4. Nowhere are there illegalities galore as in our god-forsaken land. People have no choice but to commit suicides in ever larger numbers. Sikkim repeatedly tops the list of States with the highest suicide rates among all the States. 5. “According to the latest report of the National Crime Records Bureau, Sikkim has the highest suicide rate in India in 2012. The helpline numbers which have been providing free counseling to the people suffering from depression and those with suicidal tendencies are 03592 202111 and 18003453225”. [The Telegraph, Calcutta, 10 Sept., 2013 (TT)] The latter number has11 digits. Dr C S Sharma, Senior Psychiatrist, STNM Hospital, said: “The response to the suicide helpline has been very poor. There have been only few calls where persons with suicidal tendencies sought counseling”.(TT) 6. As on 9.9.2014, “Nearly 30 people have killed themselves in Sikkim even after a helpline was set up at the STNM Hospital (Gangtok) on June 1 to counsel people with suicidal tendencies” (TT). PKC above Supreme Court On 17 October, 2014, as stated above –more than a month ago –I wrote: “If ICFAI can prove that it was not illegal in Chhatisgarh and that it is legal in Sikkim, I shall be delighted to stand corrected.”. The fact that no rebuttal has come forward is significant. Interestingly, ICFAI has not rebutted my submission even after a lapse of more than a month. Hence I consider my statement as a gospel truth. My humble submission that PKC is above the Supreme Court is, therefore, proved beyond any shadow of doubt: PKC has the “sovereign” power to declare as legal even an organization which is declared by a three-Judge Bench of India’s Chief Justice, RC Lahoti and Justices GP Mathur and PK Balasubramanyam as “unconstitutional”, “null and void” and “deemed not to have been effected”. PKC is worse than Hitler, Stalin or any other dictator in history. He gets angry with persons who are subordinate to him and who try to correct him. To corroborate my point, I quote Congress Sandesh Sikkim Mahaloot, 2010, Page 57 : “(139) Financial offence committed by Mr. Pawan Chamling, Chief Minister: Mr. Pawan Chamling sanctioned Rs. 10 Lakhs as ex-gratia to the wife of late Gyanendra Rai, DFO of Forest Department on his accidental death which occurred in his residence at Pani House, Gangtok. To add to this illegal act, an unprecedented decision was taken by the Chief Minister to grant the deceased’s wife full salary till the actual date of superannuation of the deceased Gyanendra rai, in contravention of Government Rules and practices and this act smacks of Caste Politics., Favouritism, nepotism and abuse of power by Mr. Pawan Chamling, Chief Minister of Sikkim. It is necessary to point out here that the aforesaid sanction of Mr. Pawan Chamling was opposed by the Finance Secretary (Mr. Tashi Topden, IAS) and Chief Secretary (Sonam Wangdi,IAS),Government of Sikkim since such sanction was beyond the existing Rules. However, by an order dated 22/09/1995 Mr pawan Chamling overruled his officers and directed, ‘In this case I have not asked to frame the Rules please carry out my order at nsp 34 on 18/07/1995 without further delay’. This is an abuse of power under similar circumstances were denied such benefits. The Chief Minister is not supposed to be above law”. The aforementioned publication contained 108 pages showing a detailed information on corruption of PKC with facts and figures from government sources. As President, Sikkim Pradesh Congress Committee, Shri N B Bhandari, 3-time Chief Minister of Sikkim, personally handed over the publication to all the constitutional functionaries at all levels in the country. Moreover, he spent a lot of money and filed Public Interest Litigation. Unfortunately, they were allegedly treated Political/ Personal/ Private Interest Litigation. But nothing happened. It is alleged that the constitutional functionaries were richer by several thousand crores at the expense of the taxpayers and the Sikkimese in penury. It is also rumoured that PKC pays to the opposite lawyers more than double the amount paid to his own counsels. As stated above, PKC gets angry with his subordinates. But he is friendly with concerned constitutional and other authorities, especially connected with CBI, and allegedly pays them so heavily –beyond their expectations –that they are more than happy to do his bidding, reminding me of Khuswant Singh who wrote: “Far from becoming mahaan (great), India is going to the dogs, and unless a miracle saves us, the country will break up. It will not be Pakistan or any other foreign power that will destroy us; we will commit hara-kiri”.[The End of India, Penguin, Pages 3-4]. The following eight paragraphs are from my Part III Private Universities in Sikkim, Himalayan Mirror, Gangtok, 6 June 2012. 1. The first session of the Seventh Sikkim Assembly commenced on 24 May, 2004. The next sitting was resumed on 7 September, 2004. On 8 September, Bills No 1 to 4 and 6 to 8 were introduced. Bill No 9 related to the Institute of Chartered Financial Analysts of India University Sikkim. It is significant to note that the Bill was introduced on the penultimate day of the session. Since it was the most important among the ten Bills, it should have been introduced on 8th September so that Members could have time to study it. 2. While introducing the Bill, Mr GM Gurung, Minister, among others, said on 16 September, 2004: “ICFAI has set up Universities in three other States. The Government of Chhattisgarh has notified the establishment of an ICFAI University in that State in September 2002. The State of Uttaranchal has also passed the ICFAI University Act in 2003. More recently, the Tripura Government has also enacted the ICFAI University Act, 2004. The ICFAI have now approached the State Government of Sikkim for enactment of a similar Act for the establishment of the ICFAI University in Sikkim”. [Sikkim Assembly Proceedings, May-Sept., 2004, Page 599].” 3. “This Bill seeks to establish a self-financed private University in Sikkim to be called the Institute of Chartered Financial Analysts of India University Sikkim.” [Page 600] 4. On the next day - the last day of the session - THE BILL WAS PASSED WITHOUT ANY DISCUSSION; nor does the Proceedings indicate to me that the members were given an opportunity for a discussion.[Page 674] 5. The Bill became an Act on 4 October, 2004 on gubernatorial assent. 6. On 11 February, 2005, in response to an appeal by educationist and former UGC Chairman, Professor Yashpal and others, the Supreme Court quashed the establishment of 117 universities under the Chhattisgarh Establishment of Universities Act and struck down the law itself as “unconstitutional”. I understand that the 117 universities also included the ICFAI, Chhattisgarh, set up in September, 2002. If there is no rejoinder from ICFAI Sikkim, I shall take it that my information is authentic. A three-Judge Bench of Chief Justice, R C Lahoti and Justices G P Mathur and P K Balasubramanyam ruled the Chhattisgarh Establishment of Universities Act as “null and void” and “deemed not to have been effected” [The Telegraph, Calcutta, 12 February, 2005]. 7. The Legal Correspondent adds: “The effect of the judgment is that a similar law by any State paving the way for mushrooming of private universities could be held null and void”. 8. The Apex Court’s ruling, mutatis mutandis, is relevant to the private universities in Sikkim. No action against ECFAI before Manipal Here I would submit, however, that no action shall be taken against ECFAI on the ground that it was declared “illegal” by the Supreme Court. Nor shall any action be taken against any other private universities in Sikkim on the ground of their being “illegal”. Since the villain of the piece is the Manipal Private University which started the “illegality”, only after settling the issue of “illegality” with Manipal, shall other private universities be considered for suitable action. Part II(B) will further illustrate the supremacy of PKC over the Supreme Court. In Part III, the “neech byakti” will exhibit his neechta, detailing about PKC’s unprovoked and unjustified attack on the Hindus and Hindu religion. I have repeatedly exhorted my readers to point out any mistake of fact or law or any other incorrect ideas or words. Only after my refusal to rectify the mistake are they at liberty to take recourse to any action deemed necessary.
Posted on: Tue, 25 Nov 2014 08:15:02 +0000