Gangtok: Upper Burtuk MLA Kala Rai and BJP member Sonam Pintso Bhutia have offered sharply contrasting accounts of the events that led to the registration of an FIR against the legislator and others over the alleged demolition of a temporary structure near the New STNM Hospital at Socheythang.
Responding to the FIR, Rai alleged that the complaint was politically motivated and linked to the BJP.
“It has been over a month since the incident. They felt they had been wronged and filed an FIR. Looking at their dramatic behaviour, even the police did not initially accept their complaint. The person who filed the FIR against me is from the BJP, as was evident in videos from the incident. It is clear from this incident where the BJP wishes to take Sikkim,” Kala Rai said.
She maintained that the issue stemmed from what she described as an illegal construction on hospital property.
“The issue arose because of an illegal construction on hospital property. A structure had been built blocking a jhora. I have asked the concerned authorities to submit a written report on the matter,” she said.
Rai said she was not concerned about the FIR and would present her version before the investigating authorities.
“Statements from both sides will be recorded and I will also present my version. I am not worried about this case. Whatever I do is for the larger benefit of Sikkim and not for any individual,” she said.
Rejecting Rai’s allegation that the complaint was politically motivated, Bhutia said the FIR was filed in his personal capacity.
“I did not file the FIR because of the BJP. I filed it on my own. Kala Rai came with a group of youths and carried out the demolition. I requested time, but no time was given to me,” Bhutia said.
He further alleged that the demolition was carried out despite his objections and left his family feeling intimidated.
“She sat and shouted in front of my house for nearly one and a half hours. After that, a JCB was brought in and the structure was demolished. My family felt unsafe because many party supporters were present,” he alleged.
Bhutia also claimed that he had to seek judicial intervention after repeated attempts to lodge a complaint with the police.
“The police did not accept my complaint for around 10 to 12 days. I met the SP and police inspectors and was eventually advised to approach the court. After I moved the court, the FIR was registered,” he said.
Expressing confidence in the legal process, Bhutia said the matter would now be decided on the basis of evidence.
“I have video evidence and other proof related to the incident. The court has given me justice and now the matter will be decided in court,” he said.
Responding to allegations regarding his political affiliation, Bhutia said: “I am associated with the BJP, but I did not file the FIR because of the party. I filed it because I felt I had been wronged. This was my personal decision.”
He also questioned why action was allegedly focused only on his structure.
“Illegal constructions exist across Sikkim, including on road reserves and in forest and river reserve areas. If action is to be taken, it should be taken uniformly against all illegal structures. Why is only my house being targeted?” he asked.
Meanwhile, Kala Rai reiterated that the allegations against her were baseless and said the FIR would not deter her from carrying out her public responsibilities.
“The matter will ultimately be decided by the court. The allegations against me are baseless. Criticism is common in public life and this FIR will not stop me from working for the people. Even if thousands of FIRs are filed against me, I will continue to work in the interest of the public,” she said.
Rai further alleged that political opponents were attempting to target her because of her position.
“As a member of a powerful party in Sikkim, opposition forces are trying to suppress me. I have raised my voice even against people within my own party whenever I found wrongdoing. Such challenges are part of public life,” she said.
The FIR was registered following an order passed by the Civil Judge, Gangtok, on an application filed by Bhutia under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
According to the court order, Bhutia alleged that on April 8, 2026, between approximately 1 pm and 2.30 pm, Rai, along with supporters, associates and labourers, entered the disputed property near the New STNM Hospital and directed the demolition of a temporary structure.
The complainant alleged that the property dispute was already pending before the District Collector-cum-District Magistrate and that the demolition was carried out without due legal process. He further alleged intimidation, threats and damage to property resulting in financial loss. The complaint stated that the incident was captured on CCTV footage and submitted to the police.
The court noted that Bhutia had first approached the Officer-in-Charge of Sadar Police Station on April 8 seeking registration of an FIR and later approached the Superintendent of Police, East District, after no FIR was registered.
During the hearing, the investigating officer opposed the application, contending that no prima facie case was made out against the proposed accused and alleging that the structure had been erected illegally on public land.
However, after examining the complaint and supporting documents, the court held that the allegations prima facie disclosed cognisable offences warranting investigation. Relying on the Supreme Court judgment in Lalita Kumari vs Government of Uttar Pradesh, the court directed Sadar Police Station to register an FIR and proceed with the investigation in accordance with law.
The court further directed the investigating agency to submit either a charge sheet or a closure report upon completion of the investigation.
The matter is currently under investigation.
Also Read: Assam’s beloved Bihu Pithas get a scientific stamp of health