Patra Commission directs further inquiry into corruption allegations against 4 former Ministers, gives clean chit to rest

LOKAYUKTA TO HOWEVER INQUIRE INTO ALL ALLEGATIONS AFRESH
GANGTOK, 01 Sept: The Commission of Inquiry headed by Justice [retd] RK Patra appointed by the State Government to enquire into corruption allegations against the Chief Minister and several Cabinet ministers [of previous SDF governments] has directed the State Government to “inquire into certain aspects” of allegations leveled against four former Ministers. The commission of inquiry was instituted to look into corruption allegations leveled by the Congress party against 22 former Ministers in the year 2010. Of these 22, the commission has “not fully accepted the explanations furnished” by four former Ministers – Sonam Gyatso Lepcha, NK Pradhan, TT Bhutia and Menlom Lepcha. The Commission had submitted its report on 07 March earlier this year.
The report was tabled today in the Sikkim Legislative Assembly in a daylong session summoned by the Speaker KN Rai. After tabling of the report, the house adjourned sine die.
The Commission, as mentioned, has not fully accepted the explanations furnished by former Power Minister Sonam Gyatso Lepcha [sitting Deputy Speaker of the Sikkim Legislative Assembly] along with three other former ministers NK Pradhan, Thinlay Tshering Bhutia and Menlom Lepcha.
While detailing on the action taken report on the Commission’s recommendations, Law Minister RB Subba told the House today that “…on the coming into force of the Lokayukta Act 2014, and the Lokayukta being constituted, any allegation of corruption pending before the Vigilance Wing of the State Government or any other body or authority or Commission of Inquiry, constituted under Commission of Inquiry Act, 1952, shall stand transferred to Lokayukta constituted under this Act to be dealt in accordance with the provisions of this Act.”
In effect then, allegations against all the 22 have been forwarded to the Lokayukta for further inquiry.
Minister Subba said that despite the clean chit given by Justice RK Patra Inquiry Commission to 18 former and sitting ministers and MLAs including bureaucrats named in the Commission's report and irrespective of whether the commission had accepted their explanations as to their income and assets, the case automatically stood transferred to the Lokayukta since operation of the Lokayukta Act in the state of Sikkim.
He said that these cases will be independently dealt with by the Lokayukta adding that he has also received summon from the Lokayukta to appear before him on 16 September.
“The Lokayukta at present is seized of the matter and allegations against persons concerned are subject matter of fresh investigation by Lokayukta in accordance with the provisions of Sikkim Lokayukta Act,” said the Minister.

Former Roads & Bridges CE convicted in Vigilance case

GANGTOK, 02 Jan: The District and Sessions Judge convicted one more former technocrat, a former Chief Engineer of Roads and Bridges Department, in a disproportionate assets case on the last day of 2012 here in Gangtok.
Dhan Subba, a former technocrat of the Sikkim government, was found guilty of misusing his official position and amassing assets disproportionate to his known sources of income and sentenced to serve a sentence of two years imprisonment with a fine of Rs. 10,000, on the default of which he could undergo six further months of simple imprisonment.
The former CE has been accused of amassing wealth beyond his known sources of income through misuse of his official position. He was accused of acquiring assets to the tune of Rs. 20 lakh during his service beginning as Assistant Engineer to Chief Engineer in the Road & Bridges Department.
The Designated Special Judge [East and North], under Prevention of Corruption Act 1988, Meenakshi Madan Rai pronounced the judgment in an open court convicting Mr. Subba in the case made out under Section 13(1)(e) of Prevention of Corruption Act 1988 corresponding to the section 5(1)(e) of P C Act 1947.
The investigating agency, Sikkim Vigilance Police, in its charge-sheets had accused Mr. Subba of amassing wealth of Rs 28 lakh beyond his known sources of income but could only prove him to be guilty of acquiring Rs. 20 lakh worth of disproportionate assets in court.
While reading the operative part of the judgment, the Special Judge said that “…in consideration of the entire evidence and documents on record, the court has found that the prosecution has proved their case beyond the reasonable doubt against the accused person under the Prevention of Corruption Act 1988”.

LP Tewari convicted in disproportionate assets case, sentenced to One year imprisonment

GANGTOK, 26 Dec: Former Secretary-cum-Chief Engineer Laxmi Prasad Tewari has been convicted by the Special Court on charges of accumulating assets disproportionate to his known sources of income. He has been sentenced to one year imprisonment and fined Rs.10,000; and in case of default in payment of fine, undergo six more months of simple imprisonment.
The designated Special Judge East and North under Prevention of Corruption Act 1988, Meenakshi Madan Rai, pronounced the judgment in an open court on 24 December convicting him under section 13(1)(e) of Prevention of Corruption Act 1988 corresponding to the section 5(1)(e) of P C Act 1947.
The former Power Secretary was later released on bail pending his appeal in the High Court.
The judgment records that that during the check period [from 01 April 1986 to 31 March 1997], Mr. Tewari acquired movable and immoveable assets worth Rs. 54,18,182 and an expenditure of Rs. 8,79,118. At the beginning of the check period, Mr. Tewari had assets worth of Rs. 1,13,152.
The court found him guilty of misusing his position and acquiring wealth to the tune of Rs. 21,78,875 disproportionate to his official sources of income.
The Special Judge, in her judgment, observed “… in the consideration of entire evidence and documents on record, the court has found that the prosecution has proved their case beyond the reasonable doubt against the accused person under the Prevention of Corruption Act 1988”.
Initially, the accused was not charged under the section 5(2) of the PC Act 1947 read with section 5(1)(e)  and after hearing the parties, the Court had amended the charges invoking section 216 of the Code of Criminal Procedure. During the course of the trial, the court examined 36 witnesses including the Investigating Officer and documents on record.
It may be mentioned here that Mr. Tewari was dismissed from office on 30 October 1998.

Court frames corruption charges against Golay and four others

GANGTOK, 11 Dec: The District & Sessions Court at Gangtok today framed charges against SDF MLA from Upper Burtuk, PS Tamang, and four others for criminal breach of trust, criminal conspiracy, cheating and misappropriation of government funds under the Indian Penal Code.
Mr. Tamang and four other persons have been charged in a Vigilance case for the alleged misappropriation of funds from government schemes and abuse of power and position when he was Minister for Animal Husbandry, Livestock and Fisheries in 1996-97.
Sikkim Vigilance Directorate had registered a case against the now dissident MLA after the High Court of Sikkim had issued directions to it to investigate into the alleged misappropriation of government funds in the distribution of milching cows to the below poverty line families. The High Court order had come after the then Sikkim Sangram Parishad leaders led by the now Sikkim Pradesh Congress Committee president Nar Bahadur Bhandari had filed a writ petition in the High Court of Sikkim seeking directions to the Vigilance Directorate to take up the case.
The case itself was initiated by Opposition party members in the year 2003 who had gone to Court with allegations of corruption against the former Minister and four others when Mr. Tamang was Minister for Animal Husbandry and the Court directed Vigilance to investigate.
Today, the District Judge, while passing the order on charges, recorded that the Court had found sufficient prima-facie evidence and substance against Mr. Tamang and four others and subsequently passed orders on charges under section 468/ 409/ 420/ 403 and 13(1)( c ) and 13(1)(d) of Prevention of Corruption Act.
Among the accused along with Mr. Tamang are former Sikkim Milk Union Managing Director, TB Gurung, Keshu Agrawal, Subash Tamang and Sanjay Agarwal [the last three charged under section 468/ 420/ 403 read with section 120 B of the IPC].
The State Government had launched a milching cow distribution scheme after the SDF party came to power in 1994 and issued guidelines for compulsory insurance and supply of milching cows from recognized firms.
Mr. Tamang was the Minister of Animal Husbandry, Livestock and Fisheries department at the time and is alleged to have violated the norms and guidelines while favouring local suppliers and misappropriating government funds. The scheme was funded by the central government with a sum of Rs. 79 lakh for the upliftment of people living under the Below Poverty Line.

Chamling appears before Patra Commission of Enquiry

GANGTOK, 29 Nov: Chief Minister Pawan Chamling today appeared before the Patra Commission of Enquiry to reply to and clarify allegations leveled against him by the Sikkim Pradesh Congress Committee. The Patra Commission, it may be recalled, was instituted in January 2011 to enquire into allegations leveled against the Chief Minister and his Cabinet Ministers by the SPCC in its official publications. The Commission is chaired former Chief Justice, High Court of Sikkim, Justice RK Patra.
A press communiqué issued by the Sikkim Democratic Front spokesperson, Bhim Dahal, underlines: “Shri Pawan Chamling, as a true democrat, today appeared before the Commission and presented his points. This is a unique occasion in Indian polity that an incumbent Chief Minister has appeared before the Commission to respond the allegations leveled by political opponents.”
Holding up this latest development as being “completely in conformity with the rule of law and democratic values”, Mr. Dahal adds that these are virtues that the Chief Minister has been “ever adhering to”.
Sources inform that the CM deposed before the Commission for around 40 minutes, presenting his statement on allegations leveled against him by the Congress in its official mouthpiece publication in the year 2010.
This deposition, it may be added here, is in addition to the detailed report already submitted to the Commission by the Chief Minister and is [former] Cabinet colleagues named in the publication in question.
Earlier this year, Justice Patra had issued summons to the Sikkim Pradesh Congress Committee (SPCC) members involved in the publication of the magazine in question to appear before the Commission with their allegations and supporting documents. SPCC president Nar Bahadur Bhandari and Congress youth leader Avinash Yakha and two others refused to depose before the Commission [in May 2012] while another Congress member has moved the High Court challenging the appointment of the Patra Commission of Enquiry.

Vigilance registers corruption case against a Forest Deptt AE

GANGTOK, 26 Nov: A Vigilance case has been registered against an Assistant Engineer in the Forest Department with the police agency finding prima facie case of corruption against the said official. The case was registered on 23 November and the Vigilance police carried out two raids at different places of residence of the said engineer the same day.
Officials inform that the case has been registered against Gangaram Sapkota, an Assistant Engineer, Civil, presently with the Forest Department.
It is informed that the Vigilance police received, what they call ‘source information’, that the accused had amassed wealth beyond his known sources of income. This was examined and a process of verification by the police agency convinced that prima facie, the accused had assets disproportionate to his known sources of income.
Officials, however, stopped short of disclosing the actual amount that has been found disproportionate to his known sources of income.
The raids by Vigilance police were conducted at Gangtok and Chota Singtam, both places where the AE is known to have his residences. Several documents and other articles have been seized by the police in the course of the raids which are in the process of being examined. Officials stress that a search warrant was obtained before the raids were conducted.
The AE in question has been in government service for over two decades and had joined service in the year 1986. The check period, however, is yet to be set by the Vigilance.
A vigilance case has been registered under section 13 (2) of the Prevention of Corruption Act read with Section 13 (1) (e) of the same Act. The sections deal with criminal misconduct by public servants; it also stipulates that any person on his behalf, if found in possession of assets which the accused cannot satisfactorily or disproportionate to his known sources of income. This means that his relatives can also be investigated.

Court adjourns order on corruption charges against Golay

GANGTOK, 20 Nov: The Special Court, Prevention of Corruption Act, East District at Gangtok, has, for the second time, adjourned the order on corruption charges against Upper Burtuk MLA, PS Tamang [Golay]. This pertains to the corruption charges framed against the MLA by the Vigilance Directorate and the order could go for or against the MLA.
In the event that it goes in his favour he will be acquitted of the charges framed by the Vigilance police; on the other hand if it goes against him and the court considers the charges to be sustainable, then the trial phase on the Vigilance case will begin.
At the East District courts, the order, which was scheduled to be pronounced today, was postponed for 15 days on the submission of Mr. Tamang’s advocate that the latter was unwell and so could not be present in the court. Initially, the date set was for 05 November and then for today.
It was on 31 October that the Special Court, PC Act, had conducted a comprehensive hearing on the ‘consideration of charges’ as leveled against the dissident SDF MLA pertaining to allegations of corruption when he was Minister for Animal Husbandry Department.

Special Court hears ‘consideration’ of corruption charges against Golay

ORDER ON THE CHARGES TO BE DELIVERED ON 05 NOV
GANGTOK, 30 Oct: The Special Court, Prevention of Corruption Act, East District at Gangtok will announce its order on charges leveled against dissident SDF MLA, PS Tamang [Golay] on Monday. It will be a big day on 05 November for Mr. Tamang as he may well be acquitted if the court is not impressed with the charges of corruption as framed by the Vigilance Directorate. In the event that the charges are considered to be sustainable, the trial phase on the Vigilance case against the MLA will begin.
Today, the Special Court conducted a comprehensive hearing on the ‘consideration of charges’ as leveled against Mr. Tamang. Sources inform that the ‘consideration of charges’ means whether the case, as made out, could be sustained or not.
After hearing both parties at length, the Court set the date of 05 November for its Order on the Consideration of Charges.
Mr. Tamang was present at the court today. Apart from him, there are 4 others accused in this Vigilance case.
The Vigilance case was initiated soon after the 2009 general elections. The case itself was initiated by Opposition party members in the year 2003 who had gone to Court with allegations of corruption against the former Minister and four others when Mr. Tamang was Minister for Animal Husbandry and the Court directed Vigilance to investigate.
He, along with the 4 others, was accused of criminal conspiracy, misappropriation, criminal breach of trust, cheating, forgery and criminal misconduct.
The case pertains to a welfare scheme of the State initiated in 1995 of free distribution of cows to farmers, initially in 18 constituencies. A year later, the Department proposed to implement the second phase covering 550 farmers in 22 constituencies at an estimated cost of Rs. 75 lakh.
However, as the Vigilance police is reportedly claiming, the department “did not engage in fair selection” of suppliers for the supply of cows and payments were released to them without verification or basis. Vigilance enquiries had revealed that the then minister ordered that a sum of Rs. 8.50 lakh be handed over to an employee of the department and further the Minister himself is alleged to have received two cheques amounting to Rs. 2.50 lakh.
There were also overpayments to some suppliers, both of whom were also indicted in the case. In some instances the cheques were alleged to have been received and encashed by unknown or unauthorized persons. Apart from the above, it was also alleged by the Vigilance that the entire purchase transaction was done without following any purchase formalities which finally led to the case being chargesheeted in 2009.

CM and colleagues submit details of assets and sources of income to Patra Commission

GANGTOK, 28 May: The Chief Minister along with twelve sitting and former Ministers and MLAs have submitted their response to the corruption allegations leveled against them by the Sikkim Pradesh Congress Committee in its booklet ‘Mahaloot in Sikkim’ along with details of material assets and sources of income to the state government appointed Justice (Rtd.) RK Patra Inquiry Commission here at his office near Tashiling Secretariat today.
SPCC’s ‘Mahaloot in Sikkim’ had made various allegations of corruption during the 16 years of rule of the Sikkim Democratic Front government in the state. The Patra Commission was then instituted to enquire into the allegations.
Earlier this year, Justice (Rtd.) R K Patra Commission had issued summons to the Sikkim Pradesh Congress Committee (SPCC) directing them to appear before the Commission with all the documentary evidence to support their allegations.
However, members of the SPCC including the party president Nar Bahadur Bhandari, congress youth leader, Avinash Yakha and two others had refused to appear before Justice (Rtd) Patra to give their depositions.
The Patra Commission will begin its hearing after examining the documents related to the sources of income and allegations made in the Congress booklet.
It may mentioned here that the State Government had called a special session of the Assembly on 10 January last year and passed a resolution to hand over the case to Justice (Rtd.) R K Patra, former Chief Justice of Sikkim who also holds the post of the Law Commissioner of Sikkim.

Upreti welcomes fresh petition against CM

GANGTOK, 24 Jan: Senior vice president of the Sikkim Pradesh Congress Committee [SPCC], KN Upreti, has welcomed the fresh petition filed in the Supreme Court by Delay Namgyal Kazi and Pema Dadul against Chief Minister Pawan Chamling and his Cabinet Ministers on various charges of corruption and misuse of public funds.
A press release issued by Mr Upreti states that following the withdrawal of a similar PIL on behalf of the Congress party filed earlier by Kunga Nima Lepcha and the subsequent silence on the issue has proven that the SPCC president Nar Bahadur Bhandari and Mr Lepcha have betrayed the party and the people.
The release further commends the efforts of Delay Namgyal Kazi and Pema Dadul.

Delay Namgyal petitions Supreme Court with corruption allegations against CM and State Govt

GANGTOK, 23 Jan: Now, another petition has reached the Supreme Court of India leveling corruption charges against the Chief Minister and the State government. Delay Namgyal Barfungpa, formerly with the Congress and now vice-president, Sikkim National People’s Party (SNPP), has filed a fresh petition in the apex court which came up for hearing today. He has filed this petition along with two other petitioners.
The Supreme Court in turn, it is informed, has issued notices to the Chief Minister and the State government to respond to the allegations made in the writ petition against them. The response has to be filed within a time period of 4 weeks.
While the petition is fresh, the charges are a repeat of the Congress charges against the state government and the CM. In fact, Mr. Barfungpa, while speaking to NOW! over the phone from New Delhi, stated as much while detailing that he has approached the Supreme Court with allegations of corruption against the state government and the chief minister.
“It’s the same as the CBI corruption cases which the state Congress had filed against the state government and CM and we have asked the apex court to enquire into the corruption cases,” he said.
Mr. Barfungpa further stated that he filed the petition because he wants the corruption charges against the State government to be enquired into.
It may be recalled that the state Congress had also filed a petition against the Chief Minister and the state government leveling accusations of various degrees of corruption and misuse of central government funds. A publication called “Sikkim Burmaloot” had also been released by the State Congress in illustration of its allegations. Following the dismissal of the petition, the Sikkim Pradesh Congress Committee approached the Central Bureau of Investigation which is said to have conducted an enquiry. Following that, the State government also set up the Patra Commission to look into the allegations leveled by the state Congress. While the Patra Commission had been conducting hearings on the case, a petition has again been filed in the Sikkim high court challenging the constitution of the Patra Commission itself.