The Association of Old Settlers of Sikkim (AOSS) has said it will file a petition in the Supreme Court of India to expunge words like “foreigners” and “migrants”, which were used to describe Sikkimese Nepalis, from the “observation part” of its recent judgement that granted Income Tax exemption to the Sikkimese of Indian origin.

In a press release issued on Sunday, the AOSS, on whose petition filed in January 2013 that the Supreme Court verdict was delivered, regretted that certain “objectionable words” had been used and it would do everything within its means to get them removed.

“There are discussions happening with India’s top legal experts on the matter and, accordingly, (we) will file a petition from our end in the Apex Court once again for (the) removal of those words,” said the release.

The AOSS said after similar objections had been raised against the use of certain words to describe the Sikkimese Nepalis in its original petition, it had subsequently filed an amended petition removing all such expressions.

“During this 10-long years, on many dates, arguments happened. There is not a single instance that the word ‘Nepalese’ was used from our end, special care and instruction was given from (our) end to secure justice by not hurting (the) sentiments of any community or labeling anyone foreigner,” the AOSS said.

The AOSS said about 400 families of Indian-origin who had been living in harmony with other Sikkimese communities like the Bhutias, Lepchas and Nepalis since before Sikkim’s merger with India in 1975 and contributing to its development had been left out of the ambit of the definition of Sikkimese and were denied IT exemption in April 2008.

The Union government had granted IT exemption to over 94 per cent of Sikkimese people. The left out families had refused to give up their Indian citizenship while residing in the then kingdom of Sikkim.

It was that anomaly, the AOSS said, it had sought to address through legal recourse after all its pleas to both central and state governments had gone unheeded. “The judgment was delivered on 13/01/2023 and in the observation part, not the judgment, the court has made remarks which we also regret and made us painful,” the release added.

Although the judgement has been widely welcomed, the comments have caused offence in the neighbouring region as well.

Darjeeling MP Raju Bista said in a statement that he had taken the “strongest exception” to the labelling of Gorkhas as foreigners and would take up the issue at an appropriate forum. “I stand with the people of Sikkim in seeking these offensive opinion(s) expunged from the order. The entire Gorkha community across India stands with them,” he said.

The ruling Sikkim Krantikari Morcha on Monday took out a rally in Gangtok to protest against the remark. However, its hurriedly-arranged rally smacked of a bid to forestall a proposed “Sikkim Ekta” rally announced by the Hamro Sikkim Party and Sikkim Republican Party, which were the first to flag the issue.