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To contact in Emergency :.......................................................................... lR;eso t;rs HIGH COURT OF SIKKIM GANGTOK HON’BLE SRI JUSTICE S.A. BOBDE CHIEF JUSTICE OF INDIA HON’BLE SRI JUSTICE N.V. RAMANA JUDGE, SUPREME COURT OF INDIA SWEARING-IN CEREMONY OF HON’BLE SRI JUSTICE JITENDRA KUMAR MAHESHWARI CHIEF JUSTICE OF HIGH COURT OF SIKKIM AT ASIRBAD HALL, RAJ BHAWAN, GANGTOK ON 06.01.2021 HON’BLE SRI JUSTICE JITENDRA KUMAR MAHESHWARI CHIEF JUSTICE OF HIGH COURT OF SIKKIM HON’BLE JUDGES HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI JUDGE, HIGH COURT OF SIKKIM HON'BLE SRI JUSTICE BHASKAR RAJ PRADHAN JUDGE, HIGH COURT OF SIKKIM MAP OF SIKKIM SIKKIM STATE JUDICIAL DISTRICTS AND SUB DIVISIONS Civil Judge-cum-Judicial Magistrate Chungthang, Sub Division North Sikkim District & Sessions Court Complex North at Mangan Civil Judge-cum-Judicial Magistrate Soreng, Sub Division West Sikkim Civil Judge-cum-Judicial Magistrate Rongli, Sub Division District & Sessions Court Complex Civil Judge-cum-Judicial Magistrate East Sikkim West at Gyalshing Yangang, Sub Division South Sikkim District & Sessions Court Complex East at Gangtok Civil Judge-cum-Judicial Magistrate Rangpo, Sub Division East Sikkim District & Sessions Court Complex South at Namchi Civil Judge-cum-Judicial Magistrate Jorethang, Sub Division South Sikkim HISTORICAL PERSPECTIVE OF THE SIKKIM JUDICIARY Sikkim has a past history of its own. Prior to its merger with the Union of India in the year 1975 by the Constitution (Thirty Sixth Amendment) Act, 1975, the erstwhile Sikkim was under a monarchy. The King who was popularly known as “the Chogyal” was the fountainhead of justice. King’s words were the laws. Under the then administrative set up there was no place for an independent judiciary. The judicial procedure being followed then was very simple and free from legal technicalities. The Courts were dispensing substantive justice based on the principle of justice, equity and good conscience. Lawyers were not allowed to appear in Court. The available records do not throw much light into the remote past. It can, however, be gathered from these records that the administration of justice in Sikkim in the last century was being carried out by the Feudal Landlords (Adda Courts), Jongpons (District Officers), Pipons (Headmen) and Mandals with the Chogyal at the top. In 1909, Kazis, Thikadars and Lamas were invested with judicial powers by the Stat Council resolution. They could try civil suits up to the valuation of Rs. 500/-. In 1916, Appellate Courts by the designation of Chief Court was created with jurisdiction to try important originals suits and also to hear appeals against the decisions of the Adda Courts. This Court also exercised supervisory and appellate jurisdiction over the Adda Courts. The Chief Court was not the final Court. The appeal against the decision of the Chief Court would lie to the Supreme Court of His Highness, the Maharaja. The Court of the Maharaja was the final Court of appeal in the State. It has no original jurisdiction. A Board on the lines of the Judicial Committee of the Privy Council in England would hear the parties and scrutinize the evidence regarding merit of the case and then tender its opinion to the Maharaja. In 1949, the Adda Courts were abolished on the recommendation of the Judicial Proposal Committee. The State was divided into 4(four) revenue Districts and Magistrates were appointed in District with original and appellate jurisdiction on the criminal and civil side. The Courts of the Assistant Magistrate and the Court of Tahsildars were created. In the lowest rung, a few Honorary Courts of Magistrates were created to dispose of petty criminal and civil cases. The Chief Magistrate had both original and appellate jurisdiction on civil and criminal sides. He had unlimited powers. From the available records it appears that in 1953, a Judge of the High Court of Sikkim was appointed but in 1955, High Court of Judicature (Jurisdiction and Powers) Proclamation, 1955 was issued establishing a High Court in Sikkim. The High Court thus established was made the final Court in all judicial matters, civil or criminal, subject to the exercise of prerogative by the Maharaja to grant mercy, pardon, remission, commutation and reduction of sentence in case of conviction. The Maharaja had also retained his prerogative to set up a Special Tribunal for the review of any review of any case, civil or criminal. Upon merger, Sikkim became the 22nd State of India. Under Clause (i) of Article 371F, the High Court functioning immediately prior to the date of merger became the High Court for the State of Sikkim under the Constitution like any other High Court in the country. Under Clause (i) of the same Article all Courts of Civil, Criminal and Revenue Jurisdiction, all Authorities and all Officers, Judicial, Executive and Ministerial throughout Sikkim were to continue to exercise their respective powers subject to the provisions of the Constitution and under Clause (k) all laws in force immediately before the appointed day in Sikkim were to continue to be in force until amended or repealed by a competent legislature or other competent authority. The Government of Sikkim Act, 1974, which came to be passed in the Sikkim Assembly (which received the assent of the Chogyal on 4th July, 1974) in pursuance of the historical agreement of 8th May, 1973, between the Chogyal, the leaders of the political parties representing the people of Sikkim and Government of India, provided that all Judges in Sikkim shall be Independent in exercise of the Judicial function. In keeping with the ideal and the set goal, the process of separation of judiciary from the executive started soon after the merger. In 1978, Sikkim Civil Courts Act was passed with a view to consolidate the laws relating to the Constitution of Civil Courts subordinate to the High Court and other relevant matters. The Sikkim State Judicial Service Rules 1975 and the Sikkim Superior Judicial Service Rules 1980 were framed providing for the mode of recruitment and service of judicial officers, thereby creating a separate cadre of judicial officers in the State. Besides, the Code of Criminal Procedure 1973, which provided for separation of judiciary from the executive was extended and enforced in the State of Sikkim in the year 1994. With the commencement of the Constitution and under the new democratic set up the restriction placed earlier on lawyers to appear in Courts came to be ignored. Thus institution of lawyers as it exists today came into existence. Courtesy:- Hon’ble Shri Justice A.P. Subba, Former Judge, High Court of Sikkim, Gangtok. INDEXINDEXINDEX Sl.Sl.Sl. ContentsContentsContents Page No.No.Page No.No.No. 1. Hon’ble the Chief Justice, Hon’ble Puisine Judges of the High Court of Sikkim 1 2. Registry of the High Court of Sikkim 2-4 3. Sikkim Judicial Academy 5 4. State Legal Service Authority 6 5. Sikkim State Consumer 7 Redressal Disputes Commission 6. District Consumer Disputes Redressal Fora 8 7. The Subordinate Judiciary of Sikkim 9-11 8. Judicial Service Centres 12-13 9. Office of the Advocate General 14 10. The Bar Association of Sikkim 15-24 11. The Supreme Court of India 25-27 12. Registry of the Supreme Court of India 28-29 13. The Ministry of Law & Justice 30-31 14. Former Hon’ble Chief Justices and 32-33 Judges of the High Court of Sikkim 15. Governor’s Secretariat 34 16. Hon’ble the Chief Minister’s Secretariat 35 17. Speaker, Deputy Speaker, Member of Parliament 36 18. Cabinet Ministers 37-38 19. Department of Government of Sikkim 39-48 20. Police Headquarter 49-50 21. Police Stations :East, West, North & South Sikkim 51 22. District Collectorate : East, West, North