Darj MP rues SC mention of Sikkim Gorkhas as 'foreigners'

Raju Bista demands apex court expunge 'highly objectionable,' 'offensive opinion'

Darjeeling's BJP MP Raju Bista has demanded that the Supreme Court expunge a "highly objectionable reference" and "offensive opinion" on Sikkimese Nepali/Gorkha community made by the court in a recent order pertaining to a case of Sikkim.

While passing a judgement on the Association of Old Settlers of Sikkim and Ors Versus the Union of India and Anr with respect to the Writ Petition (C) No 59 of 2013, , the apex court had on 13 January referred to the Sikkimese Nepali/Gorkha community, who constitute roughly 80% of the Sikkimese population, as being of "foreign origin."

"In their order, the Hon'ble bench of the Supreme Court has observed, 'In 1948, the Sikkim Income Tax Manual, 1948 (SITM) was promulgated by the Ruler of Sikkim (the Chogyal). Under the SITM, all persons engaged in business were subjected to tax irrespective of their origin. Therefore, there was no difference made out between the original inhabitants of Sikkim, namely, the Bhutia-Lepchas and the persons of foreign origin settled in Sikkim like the Nepalis or persons of Indian origin who had settled down in Sikkim generations back. It is averred that under the SITM, Income Tax was paid by all without any discrimination on the ground of place of birth, race or ethnicity."- [Paragraph 10(a), Page. 46],'" Mr Bista said in a statement.