The Bar Association of Sikkim has urged President Droupadi Murmu to defer the swearing-in of Governor-designate Dushyant Kumar Gautam and place his warrant of appointment in abeyance until the controversy surrounding the 2022 Ankita Bhandari murder case is resolved. Gautam is scheduled to take oath as the 21st Governor of Sikkim on Monday at Lok Bhavan in Gangtok.
In an urgent representation addressed to the President, the association, which represents members of the High Court and subordinate courts in the state, sought immediate constitutional intervention, arguing that proceeding with the appointment amid an unresolved controversy had caused deep apprehension and widespread unrest among the people of Sikkim.
The association noted that Sikkim was renowned for its peace, communal harmony and adherence to constitutional values, and expressed concern that the dignity, sensitivities and institutional standing of the state and its people were being undermined by going ahead with the appointment under a cloud of unresolved controversy.
Importantly, the body said it was making no direct personal allegations against the Governor-designate and was not prejudging his guilt, which it stressed remained strictly within the judicial domain. It pointed out, however, that Gautam’s name had been persistently drawn into public controversy and demands for investigation concerning the 2022 Ankita Bhandari murder case. Public probity, it argued, demanded that high constitutional offices remain completely unblemished and free from controversy in the eyes of the citizenry.
The association’s central constitutional argument rests on Articles 159 and 361 of the Constitution. It contended that the administration of the oath would bring into effect the immunity available to a Governor during the tenure of office, potentially creating an impasse on transparency and public confidence.
“Under Article 159, an appointee enters upon office only upon the administration of the oath. The moment the oath is subscribed, Article 361 of the Constitution instantly activates blanket immunity from criminal proceedings, summons, or investigation during the tenure. Should the oath proceed while his name remains associated with an unresolved controversy, it creates an unavoidable constitutional impasse, effectively stalling transparency and eroding public confidence in the neutral stature of Lok Bhavan,” the association stated in its representation.
Through the representation, the association appealed to the President to immediately direct the deferral and postponement of the swearing-in ceremony scheduled for Monday, keep the warrant of appointment in abeyance until the controversy was fully resolved and the Governor-designate’s name conclusively cleared by the competent investigating authorities, and respect the sensitivities and peaceful fabric of Sikkim by upholding the highest standards of constitutional integrity for the head of the state.
The association said the appointment should be placed in abeyance in the interest of the dignity of the office of the Governor, the rule of law, and the emotional integration and sentiments of the people of Sikkim.
Copies of the representation have also been forwarded to the Chief Minister, the Prime Minister, the Union Home Minister and the Chief Secretary of the state.
Original Source: https://www.sikkimexpress.com/news-details/bar-association-of-sikkim-urges-president-to-defer-governor-designate-dushyant-gautams-swearing-in
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