Speech delivered by Hon’ble Chief Minister of Sikkim during the foundation stone laying ceremony
of Sikkim State Legal Authority Building at Gangtok,Sikkim on 27th April 2012

Respected Mr Justice Permod Kohli Saheb, Hon’ble Chief Justice of High Court of Sikkim, respected Mr. Justice S.P.Wangdi Saheb, Hon’ble Judge, High Court of Sikkim, Members of the Sikkim Superior Judicial Service, Members of Sikkim Judicial Service, Members of Sikkim State Legal Services Authority, Officers and staff of the Sikkim High Court, President, Bar Association of Sikkim and Members of the esteemed legal fraternity, ladies and gentlemen.
                         
At the outset, I would like to thank you all for providing me this opportunity and honour to lay the foundation stone of Sikkim State Legal Authority Building which is yet another facility for reaching out legal assistance to the poor and securing redressal in an amicable manner. Over the last eighteen years, there has been steady growth and development of legal infrastructure in the State. This is an indication of strengthening of infrastructure of all organs as postulated in our Constitution. This also is an indicator that democracy in the State has struck its roots firmly as mature state in the Indian Union. Please accept our heartiest greetings and congratulation on these achievements.

The Sikkim State Legal Services Authority ever since its inception in the State has been imparting justice without any cost to the poor and the weaker sections of the society. The justice so provided apart from being free cements and maintains age-old brotherhood between people living in amity and peace. This is where our ethos and strength lie.

All the democratic institutions of which we are all parts in Judiciary, the Executive, Legislature are here to serve the larger interest of the people and the Nation at large. We are all subservient to the wishes of the people to give them respect, peace, tranquillity and communal harmony. The role of Fourth Estate is crucial for smooth functioning of democratic institutions. That is why it is the fourth organ of governance. They say- freedom must be free. This means, the role of media reporting is to be free from external pressure, wild speculations which spread discord and are intended to sow sensationalization, preach or brand or project inimical philosophy or subvert functioning of democratically elected governance. Justice would be truly meaningful for all enjoying fruits of democracy and the democratic principles in an environment free from such affectation.  

You are aware, that during the last Assembly session, we introduced Sikkim Destruction of Document and Record Bill, on the learned suggestion of the Hon’ble High Court to consider legislation. This State legislation was on the line of the central law on Destruction of Records Act of 1917 providing for procedure and system of destruction or disposal of documents in possession or in custody of courts and revenue and other public offices and this Central Act had not been extended to Sikkim. We did not hear any one in the past or present opposing the existing Central Act in other States of the country.  However, vested interest group in Sikkim resorted to wild accusation that the Government was covering its misdeeds. On the other hand, some opposition vested leaders, joined in chorus with the media report to observe hunger strike to oppose the bill. A rational person would have asked, is that press ethics? Or suppressed ethics? Please judge for yourself. How long do we remain mute spectators when certain vested and myopic group of people are doing their best to whip up negativity in the otherwise smoothly running Sikkimese society? Gandhiji fought for truth but hunger strike here was not undertaken for truth but for falsehood. The civil society must rise in unison and raise their hand for democratic functioning and condemn anti-democratic activities. In a landmark statement, the Hon’ble Supreme Court has maintained that right to freedom of speech and expression was for the benefit of people and not the press. The Court was hearing an application by the Sahara India Estate Corp yesterday. The Court has further said that, “We want the journalists to know their limitations”.

I can humbly recall my proud privilege of having worked alongside our many legal personalities and luminaries since 1994 in our quest to uphold the principle of rule of law and justice in Sikkim. Beginning with Justice SN Bhargava, I have worked with our other Chief Justices including Justice KM Agarwal, Justice Kanniappa, Justice R. Dayal, Justice RK Patra, Justice BK Roy, Justice AN Ray, Justice AH Saikia, Justice Barin Ghosh and Justice PD Dinakaran. I have also worked with Hon’ble Judges including Justice R. Dayal, Justice Anub Dev, Justice Malay Sengupta, Justice NS Singh and Justice AP Subba. Today, I would like to sincerely acknowledge their hard work and contribution they have made in the interest of the people of Sikkim.

Sikkim has continued to offer the best example of speedy redressal of grievances with the least number of cases in the entire country to boast of. During the last eighteen years, we have created a large number of infrastructures and facilitated number of welfare measures in Sikkim. For example:

• High Court building has been constructed.
• Legal system has been strengthened comparable to other parts of the North East region and the Country
• Complete range of infrastructures created for legal administration including today’s. In all four districts, we have created new complexes.
• Free and competent legal services to the poor, the State Government has established Lok Adalats in all the 9 sub divisions of the state. To dispense justice with ease, the State Government has established (a) Atrocity Court (b) Human Rights Court (c) Family court and (d) Consumer’s Court.
• Two Sikkimese citizens have been appointed to the post of the Judge of High Court.
• Counselling and Conciliation Centres established in Sikkim.

We are aware that Sikkim is a border State prospering on democratic principles leading the countrymen in many spheres of development. Today, we are known as the catalysts to undertake very innovative development measures in the Country. The Sikkimese people are widely acclaimed as the law abiding citizens, living in amity, peace and brotherhood. However, we know that Democracy also entails responsibility and safeguard. Peace also needs protection and harmony needs to be sustained and promoted continuously.

That means, as law abiding citizens of the largest democratic country, we cannot afford to remain silent when certain vested interest groups take freedom for granted, resort to blatant misuse of free democracy and freedom that it entails. Some such elements in Sikkim have become more active during the last decade or so, meaning to exploit the good-intentioned legal reforms introduced by the Central Government and the State Government from time to time. The case in point is the repeated misuse of Right to Information Act. In fact, an organized racket is reported to be operating with regard to misuse of such Acts. And far from the genuine objectives, petty ambitions and cheap political calculations has greatly hampered the credential and the objective value of the Acts. In majority of cases, these Acts have been misused as instruments to target innocent people vitiating the peaceful ambience.

Similar is the case with the Public Interest Litigation. Instead of genuine issue, majority of PIL filed are not in the interest of public but are for political interest aimed at scoring political mileage and cheap publicity.

Government and all organs of governance are forces of good and not simply forces. In other words, every one of us has the social responsibility to see that we are all meant to serve the people and society to grow and prosper in the right direction ensuring collective well being of every member of the society, state and the nation.  In fact, I would like to imagine that all our members under the legal fraternity consider providing free legal services and counselling to needy and poor people across the board. This will help establish a unique identity for the State and Sikkimese people and an example in the entire country to encourage similar humanitarian gesture in different parts of the Country.  

As one of the most progressive States of the Country, Sikkim Government has been promoting development philosophy at par with first world countries both in terms of extent of reach, quality and inclusiveness. However, I feel we still need to prepare our citizens to be equally concerned and competitive and bring them out of the third world mindset.
We know, creation of infrastructural facilities is fulfilling physical requirement. In addition, what we cherish, above all, is creation of conducive environment for unhampered growth and promotion of legal jurisprudence. I am a soldier of Democracy and the Rule of Law and always remained uncompromising to uphold and promote constitutional principles and ideals. If we look back twenty years, we realize that Sikkim was not a fertile land for growth and development of legal services. Many among you may not be aware of this, but many of the senior Counsels present today can substantiate the general environment where all people were reeling under environment of democratic deficit, fraught with uncertainties for anyone of you in favour of fair justice and the principle of equity. In short, what we collectively enjoy today is due to democratic dividend that has been established as against democratic deficit of those days wherein every one of us would have suffered. Therefore, collectively we are to work together with a heavy sense of responsibility and be accountable to the larger interest of the society and the Nation.    

Sikkim has a unique history of integration and is exemplary for promoting sovereignty and integrity of the Indian Union. I clearly remember April 5th, 1973 when I as one of the young leaders led thousands of people at Singtam, with slogans like- “We want democracy- We want democracy”. And through a chain of events and protracted consultation, Sikkim was merged with the Indian Union in 1975 based on free choice and collective wishes of the Sikkimese people. This way, the people of Sikkim have created and given to themselves a unique example of their love of democracy, of patriotism, integrity and sovereignty of the Country. In order that the spirit of national unity and integrity was further consolidated, I had even suggested substituting the word ‘Sindh’ in our National Anthem with the word “Sikkim”. Because, the basic fact is when India became independent, Sikkim was not in the national mainstream whereas Sindh was part of undivided India. Now this has changed. This is all intended to further cement the edifice of emotional integration and justice to the peace-loving citizens of this State and the Indian Union.

That day at Singtam also marked my formal entry into active politics for establishment of a democratic state. After the clarion call, I have also covered a long democratic journey. These facts are perhaps not known to many of our people and to our brothers and sisters in the Country. And finding true merit in the democratic governance, I would find it a privilege and honour to fight for the just cause and die for it.  

Today, as we continue to prosper under the democratic dispensation, many people unmindful of the sacrifices we made are uttering irresponsible statements and fanning low opinions. We know this was the hard earned freedom and cannot be tempered with unqualified statements in the name of politics. Hinting that no external forces can destroy America and the Americans, the President Abraham Lincoln once said, “... If we falter and lose our freedoms, it will be because we destroyed ourselves”.  Knowing full well, that our State and the Nation also is strong enough to withstand any external forces, we must also sound caution to our own people, to our younger generation to understand and to be more responsible when they speak or do things on their own. The legal fraternity, well versed with the law of the land, shall endeavour to provide support to our people and also bring enough awareness to harness knowledge and wisdom for the good of one and all.

Gangtok 27th April 2012