Corruption case in SC against state government is still on, Delay clarifies

GANGTOK, 09 Oct: Sikkim Nationalist People’s Party’s Delay Namgyal has, for the first time in public, clarified that the petition filed by him in the Supreme Court of Sikkim against the state government is still on. This is to counter rumours and allegations which had surfaced some months back that he had withdrawn the case.
Addressing a press conference today, Mr. Namgyal attested his statement with a copy of the order of the apex court dated 17 September, 2012, the date of the last hearing. This order of the apex court sets the next date for 30 October, 2012 with the direction “…remaining respondents are granted four weeks as a last chance for filing counter affidavit”.  
The first news-reports in a section of the media here claiming that Mr Namgyal had withdrawn the petition had surfaced in April-May this year. Rubbishing such claims the petitioner stated that the case has come up for hearing at the apex court 4 times between May to September.
“How can anyone claim that the petition has been withdrawn when we have got such a strong order and which itself indicates that the case is on”, he stated.
The petition filed in the apex court essentially challenges the notification issued by the state government by which the CBI, like in other States of the country, is required to take clearance from the State government before investigating corruption charges against members of the state government including ministers and MLAs.
Some vested interests wanting to defame him were leveling allegations that he had sold his case and withdrawn it, he contended today. Fake and purported affidavits were circulated among a section of the media on 07 May 2012, said Mr Namgyal.
The State Government and country’s premier investigating agency CBI, Regional Directorate, Kolkata has already filed their affidavit in the writ and it is expected that Sikkim Chief Minister Pawan Chamling, Ministry of Home Affairs and Director General of Central Bureau of Investigation will also file their affidavit before the next date of hearing scheduled to be held on later this month.
The Chief Secretary, Karma Gyatso on behalf of the State Government in its affidavit while countering the petitioner’s claim filed an affidavit stating that the petitioners are not bonafide public spirited individuals but belong to the opposition in the state.
The state has pointed out that Mr. Namgyal had contested elections in 2004 from Sikkim Pradesh Congress Committee in Legislative Assembly and again in 2009 as an SNPP candidate.
The State has also submitted that the Sikkim Legislative Assembly had adopted a resolution and constituted a commission of inquiry, the Patra Commission, to inquire into the allegations of corruption by the ruling government.
However, CBI, Regional Directorate Kolkata has clearly mentioned in the affidavit that they have received complaints and sought state government permission to conduct an investigation. However, the state government had then issued the above mentioned notification barring the CBI to investigate into it without prior permission.
Addressing the press, Mr Delay clarified his stance and intention behind filing the petition saying that as an active politician, “I feel it my duty to challenge any notification which I feel is not fair…”