Page 65 - High_Court_Of_Sikkim_Museum_ebook_Final_2024
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CREATION OF JUDICIAL HISTORY

                          DATE                                      PARTICULAR
                    914 BC            •  A  brief translation of Sikkim  Laws taken from a  Tibetan  manuscript given to
                                         John  Claude  White  (Political  Officer  of  Sikkim  1889-1909)  by  the  late
                                         Khangsar  Dewan.  It  seems  that  the  Sikkim  Laws  were  founded  on  those
                                         spoken by Raja Melongdong, who lived in India before the time of Buddha
                                         914 BC.
                                      •  These  laws were  written  again  by Kun-ga-gyal-tsan  of Sakyapa, who was
                    1182
                                         born in  1182.  He was king of thirteen  provinces in  Tibet, and has called the

                                         laws  Tim-yik-shal-che-chu-sum  or  Chudug,  there  being  two  sets,  one
                                         containing 13 laws and other 16.
                                      •  The  laws  were  again  written  by  De-si-sangye  Gya-tsho,  who was  born  in
                    1653                 1653  and  was  viceroy  of  Tibet.  The  summary  of  sixteen  laws  dealt  with
                                         general rules  to  be  followed  at the  time  of war;  for  those  who are  being

                                         defeated  and cannot fight;  for officers  and government servants;  Law of
                                         Evidence;  grave  offences;  fine  inflicted  for  offences  in  order  to  make
                                         people remember; Law of imprisonment; In  case of offenders who refused
                                         to  appear and  orderly  must  be  sent  expressly  to  enquire  into  the  case;
                                         murder;  bloodshed,  for  those  who  are  false  or  avaricious  the  following
                                         oaths are  required;  theft, disputes  between  near relatives, between  man
                                         and wife,  and between  neighbours who have thing in  common; adultery

                                         or taking another's wife;  law of contract and for uncivilized people. In  the
                                         sixteen  laws  stated  above  there  are  references  to  courts  and  arbitrator.
                                         Giving  us  an  impression  that  even  during  those  days  there  was  certain
                                         types of courts trying such offences.
                                                                                       1
                                      In  an old lease granted about 300 years ago by the 6 h  Maharaja of Sikkim  Raj
                                      Tenjin  Numgale  by  caste  Mew,  who  was  the  descendent  of  Dharumraj  of

                                      Buddha  avatar.  In  the  said  lease  it  was  mentioned  that  "This  document  if
                                      written in the Supreme Court of Sikkim  Raj and Darbar called Ruptanchi".
                    Before the British   The  Kazis  and  the  Thikadars  as  Land  Lords  held  more  or less  the  position  of
                    Advent
                                      feudal  barons  as  feudal  system  like  the  one  existed  in  the  medieval  Europe
                                      was the prevailing system of land tenure in Sikkim.
                     1889             John Claude White was appointed as  Political Officer in  Sikkim  to advise and

                                      assist the then Maharaja in the internal administration of the country.
                                      A  representative  council  selected  from  the  Chief  men  in  Sikkim  was  also
                                      constituted with the same view. (vide Sikkim Gazetteer page 26)
                     1889-1917        The  Administration  of  the  State  of  Sikkim  was  carried  on  through  the
                                      representative  council,  when  in  1917  full  powers  were  conferred  on  His



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