The Bar Association of Sikkim, representing the High Court and subordinate courts, urged President Droupadi Murmu to defer the swearing-in of Governor-designate Dushyant Kumar Gautam and keep his appointment warrant in abeyance until the controversy surrounding the 2022 Ankita Bhandari murder case is resolved. Gautam, however, took the oath as Sikkim Governor at Lok Bhavan in Gangtok on Monday, with Sikkim High Court Chief Justice A Muhamed Mustaque administering the oath.
In an urgent representation to the President, the association called for the appointment to be put on hold until the controversy was addressed and Gautam’s name was conclusively cleared by the competent investigating authorities. It said proceeding with the appointment amid unresolved questions had caused apprehension and unrest among people in the state.
The association’s president, Tashi Rapten Burfungpa, told LiveLaw that the representation was not intended to make personal allegations against Gautam or prejudge his guilt, which remained a matter for the investigative and judicial process.
“The office of the Governor is the highest constitutional seat in the State. When persistent public controversy surrounds an appointee, and the matter has drawn nationwide concern, public probity requires that the air be conclusively cleared before the oath was administered, not after,” Burfungpa said.
Association raises concerns over constitutional propriety
The association said Sikkim was known for its peace, communal harmony and commitment to constitutional values. It expressed concern that proceeding with Gautam’s appointment while his name remained associated with the controversy could undermine the dignity of the gubernatorial office and the institutional standing of the state.
It stressed that its objection was institutional rather than a judgment on Gautam’s personal culpability. However, it argued that repeated public controversy and demands for an investigation in connection with the 2022 murder case warranted greater scrutiny before he assumed the constitutional position.
The representation maintained that high constitutional offices should remain free from controversy in the eyes of the public. It also cited Articles 159 and 361 of the Constitution in support of its concerns about the implications of administering the oath while questions surrounding the appointment remained unresolved.
“The moment the oath is subscribed, Article 361 of the Constitution instantly activates blanket immunity from criminal proceedings, summons, or investigation during the tenure,” the association stated.
It argued that allowing the swearing-in to proceed before the controversy was resolved could create what it described as a constitutional impasse, potentially affecting transparency and public confidence in the neutrality of Lok Bhavan.
The association consequently appealed to President Murmu to order the immediate postponement of the ceremony scheduled for Monday and keep the appointment warrant in abeyance until the matter was resolved and Gautam’s name was cleared by the competent authorities.
Appointment had triggered protests
President Murmu appointed Gautam as Sikkim Governor on October 12, succeeding Om Prakash Mathur, who was transferred to Kerala. Gautam’s appointment drew objections amid renewed public attention to the 2022 murder of Ankita Bhandari in Uttarakhand and demands for further investigation into an alleged VIP angle in the case.
Before the swearing-in, youths and other citizens in Gangtok staged a peaceful protest opposing the appointment. They demanded that it be deferred until the ongoing investigation into the alleged VIP angle in Bhandari’s murder was completed.
The controversy also prompted appeals from political leaders and renewed demands from Bhandari’s family for accountability. The allegations and questions surrounding the case remain distinct from any finding of criminal guilt against Gautam.
The Bar Association said its intervention was intended to uphold constitutional integrity, protect public confidence in institutions and respect the sentiments of Sikkim’s people. It urged the President to ensure that the appointment proceeded only after the controversy had been conclusively addressed.
Copies of the association’s representation were also forwarded to the chief minister, the prime minister, the Union home minister and Sikkim’s chief secretary.
Despite the appeal, Gautam took the oath on Monday, with Chief Justice A Muhamed Mustaque administering it at Lok Bhavan in Gangtok.