Supreme Court Removes References To Sikkimese-Nepalese As ‘Foreigners’ In Recent Judgement

The Supreme Court on Wednesday (8 February) removed the reference made to Sikkimese-Nepalese as “foreigners” in a recent judgment that led to protests in Sikkim.

A bench of Justices M R Shah and B V Nagarathna clarified that it was not the court’s fault, since the petitioners had not brought this to the court’s attention after amending the initial petition. The court, therefore, relied on the original petition, which contained said errors.

The controversial portion appeared in a judgement delivered by Justice Nagarathna in the Association of Old Settlers of Sikkim vs Union of India case.

It read, “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 has settled down in Sikkim generations back.”

The Ministry of Home Affairs filed a review petition with the court following widespread protests in Sikkim.

The bench agreed to remove the part “namely Bhutia-Lepchas and the persons of foreign origin settled in Sikkim like the Nepalis or persons of Indian origin who has settled down in Sikkim generations back.”

The case referred to the exclusion of old Indian settlers, who permanently settled in Sikkim, prior to its merger with India on 26 April 1975, from the definition of “Sikkimese” for Income Tax purposes, which the court declared unconstitutional.

The bench, however, declined to agree to Solicitor General Tushar Mehta’s request to make a clarification that the judgment had not touched upon the aspects of Article 371F.