Dushyant Kumar Gautam sworn in as Sikkim Governor amid protests

Dushyant Kumar Gautam was sworn in as Governor of Sikkim on Monday, October 19, despite objections linked to the 2022 Ankita Bhandari murder case in Uttarakhand.

Sikkim High Court Chief Justice A. Muhamed Mustaque administered the oath at a ceremony attended by Chief Minister Prem Singh Tamang, judges and other dignitaries, The Wire and LiveLaw reported. Gautam succeeds Om Prakash Mathur.

Bar Association's appeal

Before the ceremony, the Bar Association of Sikkim (High Court and Subordinate Courts) wrote to President Droupadi Murmu asking her to defer the swearing-in and keep the appointment warrant in abeyance until the controversy was resolved.

Its president, Tashi Rapten Burfungpa, told LiveLaw the association was not making any personal allegations or prejudging guilt, which it said was for investigators and courts. Its concern was institutional, he said: the Governor's office is the state's highest constitutional seat, and the air should be cleared before the oath, not after.

The association pointed to Article 361 of the Constitution, which shields a Governor from criminal proceedings during the term of office, and argued that taking the oath while the controversy was unresolved would create a constitutional impasse.

The family's allegation

Ankita Bhandari, 19, was working as a receptionist at a resort in Rishikesh when she was killed on September 18, 2022. Resort owner Pulkit Arya, manager Saurabh Bhaskar and assistant manager Ankit Gupta were convicted in the case.

Her family has alleged that a "VIP" guest was involved and has named Gautam, who was then the BJP's Uttarakhand in-charge. These are allegations; the reports cited did not include a response from Gautam.

The family began a sit-in at India Gate on October 14 against the appointment. Police detained them early on October 15 and later released them. Rahul Gandhi and Priyanka Gandhi Vadra met them at the site.

Congress to step up protest

Congress general secretary Kumari Selja, the party's Uttarakhand in-charge, said the party would gherao the Uttarakhand Assembly on October 27 and hold yatras across the state.

Why it matters for Sikkim

The Governor is the constitutional head of the state. Although the case relates to Uttarakhand, the controversy drew in Sikkim's legal community: the Bar Association said Sikkim is known for peace, communal harmony and respect for constitutional values, and warned that going ahead with the appointment under an unresolved controversy could undermine the dignity of the state's institutions.