SC deletes reference to Sikkimese-Nepalese as persons of ‘foreign origin’

The Supreme Court on Wednesday ordered the removal of reference to the Sikkimese-Nepalese as “people of foreign origin” from its January 13 verdict on tax exemption in Sikkim, following a plea by the Centre and others for modification. The remark made by the top court in its verdict had sparked protests in Sikkim, with the Sikkimese-Nepalese community taking strong objections over it.

A bench of justices MR Shah and BV Nagarathna modified its verdict while hearing the Centre’s plea along with petitions filed by Sikkim and private parties seeking modification of the remark.

The top court initially agreed to remove the part “the persons of foreign origin settled in Sikkim like the Nepalese.”

However, Solicitor General Tushar Mehta, appearing for the Centre, urged the bench that the entire sentence be deleted. The bench then agreed to remove the part “namely the Bhutia Lepchas and the persons of foreign origin settled in Sikkim like the Nepalese.”

It said that the error has crept in because the original writ petitioners have made more than 25 amendments to the petition but this fact was not brought to the notice of the court. Mehta requested the court to clarify that the judgement has not touched upon the aspect of Article 371F of the Constitution which deals with special provisions with respect to Sikkim.

The bench, however, said that such a clarification is unnecessary as Article 371F was not a subject matter of the case. In its January 13 verdict, the top court had said, “Therefore, there was no difference made out between the original inhabitants of Sikkim, namely the Bhutia-Lepchas and the person of foreign origin settled in Sikkim like the Nepalese or persons of Indian origin who had settled down in Sikkim generations back”.

Justice Nagarathna dictated the modification order, “It is to be noted that in the said writ petition there was an amended writ petition filed pursuant to an application filed. Unfortunately, counsel for the writ petitioners did not bring to the notice of this court the substantial amendments brought.