INSANE TO DEMAND FREEDOM WITHOUT ANY SENSE OF RESPONSIBILITY

Letter:
All of Sikkim seems to be suddenly interested in the recently concluded budget session for obvious reasons. Almost everyone is buying newspapers! Conspiracy theories, assumptions and presumptions are the order of the day. All our imagination is running haywire!
The last few days have been the talking point at every nook and corner and almost every dining table in Sikkim. But why so much of hoopla when all of us know what is the truth and what is not.
To recap the scene, a Member of the State Legislative Assembly resurfaces in the Assembly session after a hiatus of exactly three years and two months. He slams the State Government, makes allegations and dishes out some strong rhetoric. But given the hurry to prove his point, the Legislator conveniently ignores the fact that he has been neglecting his responsibilities for a long time. Being a rebel is fine but not at the cost of the people who have put their faith and trust in you. You cannot make people the scapegoats to settle personal scores.
The people of his constituency have been subject to great hardship and inconvenience since the last three years. Nobody knew the Legislator’s whereabouts. He just disappeared like a magician! He makes a comeback after three years to make a point.
But let’s presume that the Legislator is aware about Article 190 of the Indian Constitution. Under Article 190, if for a period of sixty days a member of House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant.
The Legislator in question raked up the issue of corruption and said that the present Chief Minister should resign. This was in reaction to the statement made by the Chief Minister where he mentioned that the person was not given a Ministerial berth because there was a case against him under The Prevention of Corruption Act. The case is against the Legislator and four others, namely; T.B. Gurung, Keshu Agarwal, Subhash Tamang and Sanjay Agarwal. It dates back to 1994 when the Legislator was the Minister for Animal Husbandry. He allegedly misappropriated funds meant for purchase of milch cows. The case is presently in the Special Judge’s Court in Gangtok.
It may be recalled that the High Court had given direction for enquiry of this case. A prima facie case was lodged and the Police submitted its charge sheet after investigation. And it must be reiterated that the State Government was in no way involved with this case. Sometimes presumptions and assumptions can wreak havoc.  And people who live in glass houses should not throw stones at others.
Corruption cases in the garb of PILs have been filed against the present Chief Minister by more than one person. But sadly these cases are not Public Interest Litigations but Political Interest Litigations. They reek of political agenda and personal gains. Filing cases on whims and fancies and to settle personal scores and to gain some political mileage is highly unethical and condemnable!
But this is nothing new in Sikkim. In 1993, L.D. Kazi filed a Writ Petition against the then Chief Minister, Nar Bahadur Bhandari.
The Supreme Court later passed an order that that any case under investigation cannot be withdrawn. And consent withdrawn by Bhandari Government was not acceptable to the Court after the investigation and registration of the case. The investigation of the case was considered valid by the Supreme Court. As per this order, the case against Nar Bahadur Bhandari was investigated and completed.
CBI cases were filed against the present Chief Minister. When the State Government withdrew the Delhi Special Police Establishment Act 1946, people cried hoarse. They felt that this was proof that the Chief Minister was guilty of similar charges.
But it should be kept in mind that the State Government in a historic initiative in the whole country set up an Enquiry Commission to enquire into the charges of corruption by the State Government. Article 212 of the Indian Constitution gives the right to form such Commissions. “Courts not to inquire into proceedings of the Legislature”
(1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers CHAPTER IV LEGISLATIVE POWER OF THE GOVERNOR.
The Patra Commission was set up vide Notification No. 05/Home/ 2011 dated 07/01/2011 to investigate into irregularities and corruption in the State Government. But we all choose to conveniently forget this fact. Instead of trying to understand and make others understand, we are quick to sit on the fence and watch the tamasha being created at the expense of the State Government. But it is sad to see that we forget the fact that Government is for the people, by the people and of the people.
The people must stand up for what or who is right and display some sense of political maturity. They must oppose and condemn people and forces that try to mislead them. Time has come to sift the chaff from the wheat. We just go with the flow and add yes or no depending on the situation.   But this needs to change before it is too late.
All of us love to have our moments under the sun. We resort to Facebook to spit venom on anything and anyone. Sometimes we do so to merely make our presence felt. And we also initiate pseudo intellectual discussions just for cheap thrills. Or just for the heck of it as we put it. But why do we do what we do? Why do we talk about winds of change, alternatives et al when deep inside most of us know that we are simply partaking the platter that has been laid in front of us?
What is going on at present is a perfect recipe for a Bollywood masala flick. A character makes a sudden entry like a Dabang. He roars, screams and challenges thankfully without baring his chest! There is conspiracy, allegations and mudslinging. But this is not a movie! Real life needs real action.
And there are real questions that need to be answered Mr. Legislator. As an MLA, what were your plans for local area development of your constituency?
Why were you silent all this while if you had so much of resentment?
If you had to voice his opinion why were you not in the opposition? Do you want to sit in the SLA because you are afraid of anti defection law? Is that the reason why you did not switch sides?
Storming out of the House with the symbolic black flag is neither the answer nor the solution.
And it is time the State Government spoke up for itself instead of maintaining a dignified silence. It must come to the fore and present the facts to the people. Time has also come for the common man to think rationally and without any bias.
And Mr. Legislator, you must stand up for yourself without depending on the janta to give you moral support by way of offering khadas and raising slogans in your favour. Being photographed and pictures of imaginary victory being splashed all over media does not make any one a hero. It is easy to be a hero for a day. But it takes a lot to be a hero forever! Bob Dylan, the singer was so right when he said “I think of a hero as someone who understands the degree of responsibility that comes with his freedom.” And it is insane to demand freedom without having any sense of responsibility. Period!
ST Bhutia, Ranipool [recvd on email]