Sikkim Govt files FIR against Gorkha Seva Sena trio for ‘serious offences against State’ FIR also alleges illegal use of Golden Jubilee logo to promote extremely sensitive topic of Darjeeling-Sikkim unification

GANGTOK, : The Home department of Sikkim government on Friday lodged a FIR against three individuals, associated with Gorkha Seva Sena based in Darjeeling, for 'serious offences committed against the State and the public.

In its complaint, the Home department has alleged the three individuals of unauthorized use of the official Sikkim’s Statehood Golden Jubilee logo for their organisation’s proposed civic dialogue on Darjeeling-Sikkim unification scheduled later this month at Kalimpong. It was also alleged the three Gorkha Seva Sena members misrepresented their RTI discussions with the Home department authorities before the media.

The FIR was lodged by the Home department’s special secretary at the Gangtok Sadar police station against Noel Sharma, Bikramadi Rai, and Subash Mani Singh for “serious offences committed against the State and the public at large”.

As per the FIR, Subash Mani Singh was issued with a letter of hearing of an appeal under RTI Act 2005 on June 4. Accordingly, the appeal hearing was conducted in the chamber of the appellate authority (secretary, Home) and an order sheet was also issued.

During the press conference by the three individuals, the appealing hearing process was misrepresented for their personal advantage, as per the complaint.

“This misrepresentation of facts before the press and public has the potential of causing discord and disharmony amongst the peace-loving community of the State of Sikkim. Therefore, the department vehemently opposes these kinds of distortion of facts,” submitted the Home department.

The Gangtok Sadar police was also informed that the three accused persons, associated with Gorkha Seva Sena, have without any lawful authority, permission, or approval, illegally used the Statehood Golden Jubilee official logo and theme in an invitation issued by their organisation. The invitation from Gorkha Seva Sena, Darjeeling was for a public consultation on the theme ‘Constitutional legality of Darjeeling-Sikkim unification’, proposed to be held on June 15 at Town Hall, Kalimpong.

The three accused persons are named as the convenors in the invitation.

“The illegal reproduction and use of this emblem and theme in materials promoting an extremely sensitive and potentially inflammatory topic – such as the supposed constitutional unification of Darjeeling and Sikkim – has grave implications. It not only misleads the public into believing that the Government of Sikkim is associated with or endorses the organisation and its agenda, but also has the potential to provoke enmity between the communities (people of Sikkim and Darjeeling), disrupt public order, create law and order issue and undermine faith in integrity and neutrality of the State Government,” said the Home department in its FIR.

The FIR states that such conduct constitutes a criminal conspiracy and is clear violation of various provisions of the Bharatiya Nyaya Sanhita 2023 (BNS) including acts endangering sovereignty, unity and integrity of India; promotion of enmity between groups which may lead to disruption of public tranquillity; and forgery for the purpose of harming reputation or misleading the public.

Additionally, the act is punishable under the Emblems and Names (Prevention of Improper Use) Act 1950, specifically section 3, which bars the use of government insignia and names for unauthorized use.

“I firmly believe that this illegal act has been committed with the deliberate intent to mislead the public regarding the State Government’s stand, provoke disharmony and confusion on a highly sensitive matter, and exploit a government symbol to falsely lend legitimacy to a politically motivated narrative,” said the Home department special secretary in the FIR.

The Gangtok Sadar police was urged to initiate prompt investigation and prosecution against the three accused persons by the Home department in its FIR, adding that “this matter, if left unaddressed, could lead to significant unrest and loss of public confidence in the impartiality and sovereignty of the State Government”.