Home Education Petition moved to remove flags of Tibetan government-in-exile from Indian soil

Petition moved to remove flags of Tibetan government-in-exile from Indian soil

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HimVani

Shimla: Himachal Pradesh High Court today issued a notice to Union India, state of Himachal Pradesh, Dalai Lama and others, as a civil writ petition was moved by petitioner Pawan Kumar of Mandi district against 24 respondents. The 32 page petition sought removing of all flags of Tibetan government-in-exile from Indian soil, declaring it repugnant to the Constitution of India endorsing the contention that no treaty exists between India and Tibetan government-in-exile to allow it.

The writ also highlights the violation of sec. 118 of HP Tenancy & Land Reform Act terming that sale deeds and mutation have taken place in the name of 8 Tibetan refugees in different districts of Himachal Pradesh. The petitioner objects that Indian land could not be transferred in the name of foreign national thereby giving possession to them. It also sought to ban further deal with Tibetan refuges by directing district administration of Mandi, Solan, Una, Kullu, Shimla,Kangra, Lahaul and Spiti, Kinnuar and Leh in Jammu and Kashmir to not to violate 118 by transferring land in names of Tibetan Refuges. It demanded quashing of all sale deeds and mutations and vacate the encroached land of forest department by refugees in different districts of Himachal Pradesh.

The persons who have been charged for purchasing land after violation of 118 are Jigar Drukpa Kajoo (Institute of Buddist Studies and Meditation), Mingchong Dorje alias Yap, Sonam G.Hara, Khempo Chhultim Tanjan, Bangdor Rimpoche, Sonam Gomanchhey, Tenzin Dodain Rimpochey Thuptain Hara and Kumar Singh alias Lodoo Thai, all of them were stated residing at Jigar Monastery Riwalsar in Mandi district in the petition. The petitioner’s counsel advocate, R.L.Chaudhary told Himvani that the case was listed for hearing today in-front of division bench comprising Chief Justice of Himachal Pradesh High court, Kurian Joseph and Justice V.K.Ahuja. The court has given two month time to all the respondents to file their reply into the matter. It also passed interim directions on the request of petitioner that further transfer of land by the respondent should be subject to the outcome of court’s judgment into this petition. Further, sale deeds in this regard would be effected by this interim directions, as they would be governed by the judgment into this case.  The Counsel for Union of India has been represented by Additional Solicitor Genreal and state by Advocate General. R.K.Bhava who were present at the time of hearing.

9 COMMENTS

  1. Shimla DD report today that 9 Canal area was free by Kangra district admin. containing 70 illegal encroachment most of by Tibetan.

    Now administration is waking up from long slumber . Is it not Chinese influence in Indian. How one can justify his or her mistake by raising finger on third party to protect his own skin and leveling other with PRC. One should respect patience of great host and enjoy the hospitality by keeping him within frame prescribed by culture norms and ethos. The abbreviation of c.t.g also stand for Central Tibetan Government is it not .

  2. india is a nation of great tolerance and has been a great host to not only tibetans but also to many other refugees.tibetan refugees are the oldest refugees in india and must be giving a due consideration for their unique emergence.refugees 10 yrs before will not remain literallly refugees.they have dreams and aspiration to emerge as others.if they wants to be self sufficient then its great thing for us,then our govt dont have to give money to them.their self reliance is the mark of our success in the rehabilitation of the tibetan refugees.we should use holistic approach in things tahts are bound by the many unresolved conflicts and take it in a positive way.i sometime feel proud to see tibetans developing and admire our nation for our role in such a noble cause.our credibility will be questioned during the race for the much awaited UN SECURITY COUNCIL SEAT if this issue is blown out of proportion.can somebody write an article about tibetan seeking indian citizenship.this will surely give a new directions.tibetans have been both as indians and tibetans since centuries,they were not specific border.our saints took refugee in mount kailash which is in tibet since centuries.
    jai hind,jai jagat…

  3. I agree with Prithvi Singh for the need to have a holistic approach on Tibetans in India. Every now and then I see actions like this one that reveals our inability to understand our historical relationship with Tibet and the reason for the present situation. I am all for all people in India, whether Tibetans, Tamils, Afghans, Bangladeshis, or even Indians, to respect the law of the land. If there are violations that can be addressed through our system. However, by doing the way this individual has done I think there could be other political motivation. I don’t understand the issue about banning the Tibetan flag. Our country has freedom of expression and there is no need for a treaty for the Tibetans to be able to enjoy this right.
    I don’t know whether the Chinese are somehow involved in this but I will not be surprised if they are. The Chinese have always been interested in fomenting trouble between Tibetans and Indians in India.

  4. Yah its true, there have been cases where few chinese spies has been arrested in himachal itself, which is a proof that china is interested in tibetan activity in india to make it wrost for tibetan,, and this is all a true fact… About the flag issue, there might be some act which tibetans are unaware of, but that doesn’t mean that tibetan dont respect indian constituetion.. but hey tibetans are just another group of people trying to live like any other human being in an independent democratic country, where all basic human rights are respected.. Although tibet and india have a long relation of peace and brotherhood which is highly respected among the both intelectual and common man of indians and tibetan.. Jai bharat and jai tibbat.. PEACE

  5. it’ll be interesting to know what exactly do the young tibetans of today think. do they consider themselves to be indians? most of the current generation of tibetan background, i believe, was born in India. i support the tibetan cause but what purpose does the govt. in exile serve after half a century of being in exile, hard to say. again, it’ll be interesting to hear from the young tibetans. and thanks for bringing your beautiful culture to us and sharing it with us. manali would be a boring place without the original momo-thukpa hideouts!

  6. It was Tibetan leader Dalai Lam who was accommodated as honorable guest by India along with his followers in 1950s but when Tibetan Government in exile took refuge in India is not known. We support the cause of Tibetan Spiritual leader Dalai Lama for sake of humanity India and elsewhere but political activity by any Tibetan in India is far-fetching consequence on Indo-Sino Relation, two great economies controlling two-third population of worked known, two nations are as most happening place in the world. Without going to historic blunders of by any of the two, People must preserve the unity of two nations in the world today.

    The historian tells that Once China was ruled of Tibetan and now it is fact that most of Tibetan is taking refuge in India due formers dominance. The outcry to preserve the rich culture heritage of Tibetan is essentially need to preserve but both side should come forward with honest appeal to peace and co-existence. No-one can lead life in isolation without depending on rest of world as today as people live in global village. Life of seclusion is good for spiritual seekers who want to keep them away from materialism and its things.

    Lord Rama wage war against Demon Ravana as latter has abducted his wife Mother Sita but neither China abducted wife of India nor it thought of wage war against China. Lord Rama enthroned Demon Ravana’s Young Brother Bhavishana next king of Lanka well before former defeated latter in the fight for freeing Mother Sita from the custody of Ravana beside clearing the Lanka from the rule of Demon Ravana and allied demons but India never enthroned Tibetan Govt. in Exile keeping like motives in mind. if we expect that no one interfere in our internal issues we should also do same for other nation.

    • india’s foreign policy is very weak since independence and we suffered major consequences due to it. major example is china’s claim of tibet is not true but indian government under pandit nehru supported chinese occupation and resulted in many unresolved bounderies,1 1962 war against india, unconditional military and political support to pakistan and average cost of billion dollar for installing millions of indian soldiers at the ind0–tibet border.imagine this all could have been resolved if india from beginning supported tibet claim but instead our goverment has ditched/ betrayed the thousand years of cultural and spiritual relationship with tibet and accepted chinese claim.india has supported and provided aids to the military junta in burma which is just against the democratic consituttion of india,but we never spoke about it.gandhi’s ideology is only present in the indian currency but not in the real world.no need to say about pakistan, pakistan is the biggest irritant of india till date and it cant do anything about it due to chinese unconditional support for the pakistangovt. I believe it is our moral duty to help tibetans which is suffering inside and outside tibet.india has moral duty if you know the history then you will understand it, otherwise its just same as who cares when milllion people dies till it dont strike on us.
      there are many many who are indian but ancestors were from tibet.tibetan call them indian khampa’s.imagine the world of prior 1940’s,its just himalayan countries and no specific borders. at that time,the people who look like tibetans and cultural similar to tibetans but the natives of himalaya.so there are many indians who dont know about the himalayan world prior to 1940’s and assume all the people as the tibetan refugees.since 1940’s many of the indian face looking people migrated from low land to the high hills and now its barking without accepting the natives and calling indians as tibetan refugees.tibetan are refugees by choice,they have always said they are refugees in india and has remain commiteed.dalai lama has received honorary citizenship from dozen countries but he still stays as a refugee in india.We should be more holistic that why to understand tibetans and esp. this issue.

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