Petitioners have already revisited the merger, time now for Referendum stakeholders to do the same: SDF

BIJOY GURUNG

GANGTOK,: Opposition SDF on Tuesday contended that the Association of Old Settlers of Sikkim (AOSS) made the Sikkimese Nepalis as the “sacrificial lambs” in their legal pursuit for income tax exemption by casting apprehensions on the majority community’s identity during the pre-merger era.

The January 13 judgment by the Supreme Court was based on the original petition of the AOSS whose submissions not only dismantles the international treaties and historic agreements of the pre-merger period but also assaults the identity of the Sikkimese Nepali community, said SDF spokesperson MK Subba at a press meet here.

Subba was giving another instalment of the SDF’s position and concerns over the issues that have emerged since the January 13 verdict which granted income tax exemption to the old settlers of Sikkim. He asserted that the Sikkimese Nepalis were made the “sacrificial lambs” by the petitioners by submitting that the Sikkimese Nepalis are foreigners and immigrants whose identity was not clear in the pre-merger period, and as such, old settlers being Indians should get income tax exemption.

With such presentations on the pre-merger period, the petitioners went to the extent of claiming to be residents of the then ‘Greater Sikkim’ to highlight their prayer for being treated as equal under Article 14 for income tax exemption which ultimately led to the Sikkimese term being strike down, expressed the SDF spokesperson.

“Sikkim merged with India following the 1975 referendum. The most surprising part is that those who did not take part in the referendum are saying that all are equal after merger. They themselves did not take part but are claiming that the identity of those merging Sikkim with India through referendum was unclear,” said Subba.

“The petitioners have already revisited the merger period through their petition though they were not the stakeholders. Now it is time for the referendum stakeholders to revisit the merger. That is why the SDF has been saying from the outset that we must revisit the merger and its historical background, terms and condition,” said Subba.

Referring to the removal of ‘foreigner’ remark on Sikkimese Nepali by the apex court following a review petition on February 8, the SDF chief spokesperson said the particular point was the main contention of the AOSS to secure income tax exemption.

“But now it has been expunged so by default it means that reasonable classification of the Sikkimese is back as the main ground of the petition was that Sikkimese Nepalis are foreigners and that they being Indians should get income tax exemption, we have been telling this repeatedly. Since such reference has been deleted, the case is back to square one by default and Article 14 cannot come here. We will be filing a petition on this in the higher judiciary and our process is going on,” said the SDF spokesperson.