The Sikkim High Court disposed of a Public Interest Litigation (PIL) filed centered around applying the provisions of the Rights of Persons with Disabilities Act, 2016, particularly, sections 33 and 34 thereof, within the State of Sikkim.

The said two provisions are in respect of identification of posts for reservation and reservation by the appropriate Government of a certain percentage of posts in every Government establishment.

The High Court had earlier given the State of Sikkim an opportunity to file their report in the form of an affidavit, which has been filed by the competent authority of the State of Sikkim in the meanwhile. Reply thereto has also been filed on behalf of the petitioner.

After perusing the papers before the Court , the Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai noted that the following statement has been made on behalf of the State of Sikkim in paragraph 11 of the report in the form of an affidavit:-

“11. Therefore, in view of the above facts and circumstances, it is humbly submitted that the State Government has been complying the provisions of 1995 Act as well as 2016. However, in regard to Section 33 clause (ii) of the PWDs Act, 2016 regarding the constitution of committee, the State Government shall take necessary and appropriate steps for the same within a reasonable period of time by duly constituting a committee. The said committee shall comply Section 33 (iii) of the PWDs Act, 2016 by taking periodic review as per the requirement of the said clause.”

Having regard to the above statement made on behalf of the State of Sikkim, the Bench is of the view that no further order is required to be passed in respect of the instant Public Interest Litigation, since the Bench has assured by the State of Sikkim that they are taking appropriate action in the matter.

“It is expected that the State of Sikkim shall take all necessary steps within a reasonable time-frame and not cause unnecessary delay in implementing the statutory mandate as contained under sections 33 and 34 of the Rights of Persons with Disabilities Act, 2016”, said the Court.

The Sikkim High Court has disposed a Public Interest Litigation filed aggrieved by the proposal of the State Government to construct a 300 bedded District Hospital at Namchi, South Sikkim, on a play ground popularly known as “Veterinary Ground”.

The Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai held on February 17 that the issue was whether the local residents of Namchi are being deprived of use of a playground in view of construction of a 300 bedded district hospital in an area which was being used as temporary playground.

The PIL was filed by Ramesh Rai and Others

The answer to this issue was in the counter affidavit filed on behalf of the State respondents.

 According to the affidavit :-

“14. It is further submitted that Government has already taken care of sports, therefore, Bhaichung Stadium has constructed and completed, which is of international standard and same can be utilized by the people for the purpose of health activities, besides football tournament, there is no bar. In addition to that, the state government has allotted 3.822 acres of land at Boomtar Namchi for utilisation of public purpose of sports etc.

26. That the contents of paragraph- 50 of the writ Petition are matters of record and it is submitted that the Bhaichung Bhutia Stadium which is meant for sports activities, its construction has been completed and the said stadium is also being used by the public of Namchi Bazaar and as well as by the public of in and around vicinity of Namchi, South Sikkim.”

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Since the High Court  noted from a plain reading of the two paragraphs that the Bhaichung Stadium can be used by the general public for the purpose of health activities besides football tournaments and in addition to that the State Government has allotted 3.822 acres of land in Boomtar, Namchi, for utilisation of public purpose of sports.

Therefore, the High Court does not find any cogent and/or justifiable reason to keep the instant Public Interest Litigation, pending, which stands disposed of accordingly.

The Sikkim High Court has recently requested both the state government and the Central Government to act in harmony to further the cause of education among children studying in the Jawahar Navodaya Vidyalaya.

The Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai disposed of a suo motu PIL registered on the problems faced by students of Jawahar Navodaya Vidyalaya, Pakyong, East Sikkim.

The PIL was registered on August 17, 2020, on the basis of a Letter Petition received from the parents of students of Jawahar Navodaya Vidyalaya, Pakyong, East Sikkim, stating that the said school has been functional since 2005-06 but without a Science Stream in Class XI, thereby putting the children who opt for the Science Stream through great inconvenience as they have to look for other Schools in pursuit of their choice of Stream. This is exacerbated by the circumstance that the children come from humble backgrounds making it difficult for the parents to address the financial issues.

The Letter Petition also raised the grievance that the winters are harsh in the area and hence the winter vacations be extended by making necessary adjustments from the other vacations taken during the year. Hostel facilities, especially for girl students, are required to be augmented by concluding the land acquisition process.

Lastly, it is lamented that despite several representations made to the concerned Authorities, these issues have remained unaddressed.

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On November 30, 2021, the Bench directed the Assistant Solicitor General to place on record on the next date, the specific assurance given by the State to Jawahar Navodaya Vidyalaya, Pakyong, to provide the said Vidyalaya with additional land.

An affidavit has been filed in the Court consequent thereto on December 11, 2021, by the Principal, Jawahar Navodaya Vidyalaya, Pakyong and Navodaya Vidyalaya Samity, respectively. This affidavit does not anywhere specifically reveal any assurance given by the State to Jawahar Navodaya Vidyalaya, Pakyong, to provide the said Vidyalaya with additional land.

In this regard, the  Additional Advocate General of the State of Sikkim has referred to her client’s affidavit which was affirmed on November 12, 2021, as well as a response to the affidavit dated December 11, 2021 of the Jawahar Navodaya Vidyalaya, Pakyong, which was affirmed on December 17, 2021.

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According to her, these affidavits filed on behalf of the State of Sikkim reveal that recently the Additional Chief Secretary, Education Department, Government of Sikkim, has written a D.O. letter dated October 19, 2021, addressed to the Secretary, Department of School Education and Literacy, Ministry of Education, Government of India, wherein he has stated inter alia as follows;

“This being a special case, I once again request for special consideration for providing financial assistance to Government of Sikkim to the tune of Rs 6 crore for purchase of the said land.”

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In view of the stand taken on behalf of the State of Sikkim, which is reflected in the letter dated October 19, 2021, the Bench does not find any further reason to keep this PIL pending.

“We, however, request all authorities concerned to ensure smooth functioning of Jawahar Navodaya Vidyalaya, Pakyong, without any hindrance or obstacle from any quarter and also request both the State Government and Central Government to act in harmony together in order to further the cause of education amongst children studying in this educational institution. WP(PIL) No. 05 of 2020 stands accordingly disposed of,”

-the order reads.

The Sikkim High Court recently disposed of a suo motu PIL pertaining to the condition of prisons in the state of Sikkim.

The PIL was registered sometime in 2015 in pursuance to the directions issued by the  Supreme Court. From 2015 till date, several orders have been passed from time to time and in the meanwhile, conditions have vastly improved.

Jorgay Namka, the Amicus Curiae in the matter, recalled his personal visit to the Central Prison at Rongyek. The Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai noted that the present condition of the Central Prison is quite satisfactory.

At this stage, the Bench was informed by the advocate of the State that so far as an additional vertical construction of the prison is concerned, steps have been taken by the State Government and work order(s) have been issued on 30th November, 2021.

The work order(s) specifies/specify that the additional construction has to be completed within a stipulated time frame of 18 (eighteen) months. The State Government shall ensure that this timeframe is strictly adhered to by the contractor(s), observed the Court.

The Bench further observed  that the State Government shall also endeavour to take the jail authorities into confidence whenever new construction or modification of any existing structure of prisons is made.

In light of above observation the Court does not find any further reason to keep this PIL pending and as such, dispose of this matter with liberty to the learned amicus to invoke this jurisdiction in future, if further issues arise based on the observations/directions of the Supreme Court.

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It is pertinent to note that on August 10 this year , Advocate General of the State has apprised the Court:-

(i) That, presently the total holding capacity of prisoners in State Central Prison, Rongyek, East Sikkim, is ‘186’ (one hundred and eighty six) inmates. 
(ii) Three more barracks are being constructed which will be completed by 15-12-2021, which will house 60 (sixty) more male inmates and 15 (fifteen) females inmates, a total of 75 (seventy five) inmates.
(iii) Inspection of the existing barracks was made by the Committee constituted vide Notification No.70/Home/2020, dated, 15-10-2020. It has been found that 9 (nine) barracks are suitable for vertical extension (Barrack No.1, 2, 3, 5, 6, 7, 8, 9 and 10). 
(iv) The proposed vertical extension will house approximately 150 (One hundred and fifty) more inmates. 
(v) Tenders have been issued for construction of the vertical extension. The opening of the bids were scheduled for 17- 05-2021 which could not fructify due to the lockdown. Bids were opened on 09-07-2021. 
(vi) The Buildings and Housing Department has informed that the Contractor with the lowest quoted rate was identified and steps are in progress for award of the contract. 
(vii) That, the Central Prison Rongyek, will also house a De Addiction and Detoxification Center for inmates of drug abuse with a capacity for about 200 (two hundred) such inmates. This Center proposes to include a Doctor’s room, Counseling room, Visitor’s room, visiting lawyers room, ward and patient room. This is however projected for completion only in 2029. 
(viii) As far as District Prison, Boomtar, Namchi, South Sikkim, is concerned, the present holding capacity is ’74’ (seventy four) inmates. 
(ix) Boomtar Jail cannot be extended due to the geographical limitations, viz., the area being a sinking area. 
(x) In lieu of extension of Boomtar Jail, land has been identified in Gyalshing, West Sikkim, for construction of a Jail therein for offenders in West Sikkim. The Social Impact Assessment (SIA) has been completed. Presently, the Land Revenue and Disaster Management Department has issued the work order for translation of SIA reports in the local language. This is still under process. 
(xi) Addressing the issue of establishment of Jail in North Sikkim is concerned, it was found financially not feasible considering the total number of prisoners involved in criminal cases in North Sikkim, the expenditure incurred for transportation of inmates to the North District from State Central Prison, Rongyek, East Sikkim vis-à-vis the cost of construction of a Jail in Mangan, North Sikkim. 
(xii) The inspection report of Learned District & Sessions Judge, North Sikkim, at Mangan, dated 04-08-2017, has also been considered. It is found that certain issues have been raised therein pertaining to measures that are yet to be addressed in the State Central Prison, Rongyek, viz., increased lighting in the Cells, provision of flush in the wash rooms, maintenance of medical files of inmates, more importantly fire safety measures which apparently are yet to be installed.

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The Sikkim High Court has recently disposed of a suo motu PIL on the issue of non-payment of compensation for land occupied by defense personnel.

The PIL was instituted in 2016 on the basis of a letter sent by one Pipon, Lachen Dzomsa, North Sikkim to the “Hon’ble Judge, Supreme Court of India, Camp at Lachen, North Sikkim,” seeking a direction to the Ministry of Defence, Government of India, to make payment of the compensation for occupation of their land, expeditiously.

The letter was treated as a “Public Interest Litigation” in terms of an order dated October 17, 2016, passed by a Division Bench of the High Court headed by the then Chief Justice. Thereafter, the matter was heard from time to time and several orders had been passed.

On December 2 , the Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai after hearing the submissions made by the advocates for the parties observed that  in the meanwhile steps have been taken by the acquiring authority, namely, the District Collector, North Sikkim, for acquisition of the land in question in accordance with law.

“Since acquisition proceedings have already been initiated in accordance with law, no further directions are required to be passed in the instant Public Interest Litigation which stands disposed of with a direction to the appropriate authority of the Central Government to ensure that, in the meanwhile, hiring charges are paid regularly to those individual landowners in terms of the undertaking in the form of an affidavit given to the Court, earlier,” the order reads.

The Sikkim High Court disposed of a Suo Moto PIL, with the observation that all stakeholders shall consider the issues which led to the suspension of flight operations from Pakyong Airport and address them on a priority basis.

The division bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai noted, “Various reports and pleadings, however, clearly indicate that there are several issues which are required to be addressed by the stakeholders, especially, with regard to acquiring of land and setting up of proper and essential navigational equipment.”

Based on a news article titled “SpiceJet suspends Pakyong flights for four months,” which was published in an English daily newspaper, on 2nd June, 2019, the suo motu Public Interest Litigation was registered.

The first order is dated 6th June, 2019, and thereafter, the matter has been heard from time to time for more than two years. Pleadings have been exchanged and reports have been filed by various authorities. As of now, the bench was informed that flight operations have resumed at Pakyong Airport.

The bench remarked, “It does not intend to enlarge the scope of the  suo motu Public Interest Litigation beyond the issue for which it was initiated, i.e., suspension of flight operations from Pakyong Airport. The reason is, flight operations have resumed from Pakyong Airport.

“We, however, dispose of this Public Interest Litigation with an observation that all stakeholders shall consider the issues which are involved, particularly, those which led to the suspension of flight operations from Pakyong Airport and address them on a priority basis so that the object of creation of Pakyong Airport is not frustrated due to those reasons. This suo motu Public Interest Litigation stands, accordingly, disposed of ”, the order reads.

With the lifting of the nationwide lockdown a week away at the least and air and rail passenger services under a continued shut down, two judges took to the road to cover more than 2000 kms each to reach their destination for taking oath as the Chief Justice of High Courts in separate corners of the country. 

The two judges are Hon’ble Justice Dipankar Datta and Hon’ble Justice Biswanath Somadder. 

Justice Dipankar Datta, senior Judge of Calcutta High Court started his journey from his residence at Kolkatta, by car, to take the charge as Chief Justice of Bombay High Court. It will be a journey of 45 to 50 hours approximately. Justice Datta a ken driver will be sharing the wheel with his son on the road from the Kolkatta to Mumbai. It is rare in the history for a judge in India to ride more than 2000 km by road to join his office. 

Justice Biswanath Somadder, who has been elevated as the Chief Justice of Meghalaya High Court, is driving to Shillong via Kolkata. He started his journey along with his wife and son on Friday evening. Justice Somadder, had served at the Calcutta High Court before he transferred to Allahabad High Court and now set his journey to Meghalaya High Court to take oath as the Chief Justice.

On Thursday, President Ram Nath Kovind elevated Justice Dipankar Datta, senior judge of Calcutta High Court as the Chief Justice of Bombay High Court and appointed Justice Biswanath Somadder of Allahabad High Court as the Chief Justice of Meghalaya High Court. 

Justice Dipankar Datta enrolled as an Advocate on November 16, 1989. He practised mainly in the High Court at Calcutta, as well as in the Supreme Court of India and other High Courts in Constitutional and Civil matters. He was the Junior Standing Counsel for the State of West Bengal from May 16, 2002 to January 16, 2004. He was Counsel for the Union of India since 1998. He appeared for a number of educational authorities and institutions including the University of Calcutta, W.B. School Service Commission and W.B. Board of Secondary Education. He was Guest Lecturer on Constitutional Law of India in the University College of Law, University of Calcutta, from 1996-97 to 1999-2000. He was elevated to the Bench of the High Court at Calcutta as a permanent Judge on June 22, 2006. On 23^rd April, 2020, he has been appointed as the Chief Justice of Bombay High Court and he is expected to assume his charge on 28^th April, 2020. 

Justice Biswanath Somadder Passed B.A. and LL.B. Examination from the University of Calcutta. Did a Certificate Course on “Office Automation Tools” under the Computer Education Programme of Regional Computer Centre, Calcutta. He was enrolled as an Advocate on July 21, 1989. He practised in the High Court at Calcutta as well as the Supreme Court of India. He also appeared before CESTAT, Eastern Regional Bench. He also practised in Constitutional (Customs & Central Excise, FERA, Telecommunication, Education, Service & Income Tax), Arbitration, Company, Revenue, Civil and Criminal matters. He is specialised in Revenue, Arbitration and Constitutional Laws. Earlier he was Senior Counsel for the Central Government in the High Court at Calcutta. He was also the Honorary Joint Secretary of the Bar Library Club of Calcutta High Court, till just prior to his elevation. Justice Somadder was elevated to the Bench of the High Court at Calcutta as a permanent Judge on June 22, 2006. He became the Acting Chief Justice of Calcutta High Court from 1st January 2019 and retained the post till 3rd April 2019. After which he assumed Charge as Judge of the Allahabad High Court on 17th October 2019. On 23rd April 2020, he has been appointed as the Chief Justice of Meghalaya High Court.