Monday, April 30, 2012

“Democracy has struck firm roots in mature Sikkim”


CM LAYS FOUDATION STONE OF STATE LEGAL SERVICE AUTHORITY BUILDING


MISUSE OF DEMOCRATIC INSTRUMENTS BY VESTED INTERESTS VITIATING PEACEFUL ENVIRONMENT, CHAMLING RUES

GANGTOK, 27 April: Chief Minister Pawan Chamling laid the foundation stone of the State Legal Services Authority building here at Development Area today. The function was also attended by Chief Justice, Sikkim High Court, Justice Permod Kohli, who is also the Patron-in-Chief of the SLSA and Justice SP Wangdi, Judge High Court of Sikkim and Executive Chairperson, SSLSA.
Addressing the function, the Chief Minister welcomed the latest development as “an indicator that democracy in the State has struck its roots firmly as a mature state in the Indian Union”.
The CM applauded SSLSA’s role in imparting justice without any cost to the poor and the weaker sections of the society.
Earlier, Justice Wangdi briefly outlined the role and activities of the SSLSA and of how the Authority has progressed from spreading legal awareness to different parts of the State to now having compiled text books on legal education for classes IX and XI in government schools.
The Chief Justice, in his address, shared that while the Courts in Sikkim were not overburdened like Courts elsewhere, there were still a few cases which have been going on for a decade and suggested that these be settled at the earliest.
He also commented that when the Courts pronounce a decision against the Government, government officials were quick in filing appeals in higher courts, many times even without sufficient grounds. Such instinctive appeals, he said, are made at the expense of the public exchequer and also imposed hardships on the litigants. On the same, Justice Kohli urged the Chief Minister to consider constituting a committee to examine such appeals before they were filed.
Meanwhile, the CM, while speaking on the role of the various arms of a democracy in serving the larger interests of the people and the nation at large, he drew attention towards the role of the media. “The role of Fourth Estate is crucial for smooth functioning of democratic institutions,” he said.
“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,” he pointed out.
On this point, the CM highlighted the media response to the Sikkim Destruction of Documents and Records Bill passed in the last Assembly session. This State legislation was on the lines of the central law on Destruction of Records Act of 1917 providing for a proper 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, he explained.
The CM stated that there was no opposition to this existing Central Act in other states, but some groups here “with vested interests”, accused the Government of attempting to cover its misdeeds with this Act. Referring to media reports on the issue the CM said, “A rational person would have asked, is that press ethics? Or suppressed ethics?”
Citing the recent Sahara India Estate Corp case in which the Supreme Court maintained that right to freedom of speech and expression was “for the benefit of people and not the press”, the CM further underlined the role of the fourth estate.
The CM then went on to highlight what he sees as the “repeated misuse” of the Right to Information Act. “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”, the CM stated.
He also spoke of infrastructure and welfare measures with regard to justice delivery that have been set up in the state in the last 18 years and thanked all the legal personalities and luminaries for their hard work and contribution made in the interest of the people of Sikkim.
On the suggestions made by Justice Permod Kohli and Justice SP Wangdi to further strengthen the judicial system in the State which include establishment of lower courts in different parts of the State and others, the CM said “I will take care to address all the judicial matters placed today from the State Government’s side and try our best to fulfil all requirements within the next financial year.”

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