From:
Sri Birendra Kumar, Adv.,
Mint Orchard,
Jamalpur Rd.,
Puranigunge, Munger 811 201. Bihar.

To:
1. The Joint Secretary (NE), Ministry of Home Affairs,
GOI, North Block,
New Delhi 110 001.

2. The Joint Secretary,
Ministry of External Affairs, GOI, South Block,
New Delhi 110 001.

On behalf of:
[Lama] Shree Narayan Singh, 'Uddiyana', Dalip Mahal,
Munger 811 201. Bihar.

Sir / Madam,

Upon perusal of the necessary documents, study of reports and oral instructions of my client named above, I hereby serve you this legal notice to the following effects:

• That this legal notice is in continuation of the one sent to you by my client through Dr. Surat Singh, Adv, New Delhi on June 18, 03 sent to you by registered post. A copy of the said notice was also sent by e-mail to HE the Prime Minister June 20, 03, prior to his visit to the Peoples' Republic of China.
• That it is stated in para 28 of that notice that the Dalai Lama has issued a Birth Certificate to Urgyen Trinlay Dorje stating his date of birth as 25-6-1985, through a Special Notification dtd July 23, 1992.
• That this is in direct contravention of the Birth & Death Registration Act 1963 in which the Dalai Lama in any capacity, has not been recognised as a competent authority to issue a birth certificate concerning any person in India. Hence the Special Notification in para 2 above is not binding on the GOI.
• That if at all, a valid birth certificate of the said Urgyen Trinlay Dorje needs to have been issued by the Govt of the Peoples' Republic of China, and mentioned in an identity paper issued by that govt to this individual.
• That now the questions which invariably need to be asked and resolved by the GOI at this stage is 'Who and what exactly is the Dalai Lama? Is this refugee the arbiter of India's destiny? If not, then why is his word treated as law when he has no locus standi whatsoever vis a vis the Indian Constitution?'
• That, feted by the current dispensation, in direct contrast with the manner in which he was dealt with prior to 1998, the Dalai Lama, his Karmapa protégé, Tai Situpa and their misguided followers have emerged as the single greatest threat to India as is well known to you!
• That the recent decision by the GOI to open up the Nathu La pass to trade is a clear indication that an aging political leadership is now no longer competent to lead this country for the reasons given below. Even the Chinese in their pragmatism, have ensured that those now elected to power are in their forties and fifties whereas the Indian leadership continues to nurture illusions of itself as being the Bhishma Pitamah of Mahabharata vintage, rather than ordinary mortals, subject to decay and death, they actually are. The effects of age on the physique and mentation processes of individuals has been well documented by science!
• That the decision of the GOI to establish a trade corridor from Kolkata through Nathu La in Sikkim clearly demonstrates that the political leadership seated in New Delhi has absolutely no understanding of the basic ground realities of the situation. In other words, it is none other than a Himalayan Blunder.
• That the road link between Siliguri, WB and Sikkim all the way up to Nathula is termed NH 31A.
• That in spite of the best efforts of BRO & GREF companies to keep this road open throughout the year the exercise continues to be at odds with nature and is tenuous at best.
• That the foremost consideration is that the structure of the himalayas in this region consists entirely of loose rocks and sand held precariously together by the roots of local vegetation. The road is just barely a double road prone to landslides at various places throughout the year, particularly during the monsoons.
• That the load carrying capacity of NH 31A is barely 7 tonnes and the traffic density on it currently is just about able to cater to local requirements.
• That the establishment of a trade corridor as envisaged by the agreement recently signed by the Prime Minister of India with the PRC will require the movement of convoys of lorries carrying heavy container loads of goods weighing up to 20 tonnes each.
• That unless the GOI becomes the deity Vishwakarma in person, it is humanly not possible for NH 31A to fulfill the purpose being mooted by the GOI. Apparently the political leadership nurtures visions of the creation of Indraprastha and Dwarika by Vishwakarma as mentioned in the Mahabharata, in the current context even though the Dwapara Age is long gone, the current age being termed the First Stage of Kaliyuga.
• That in view of the above, the opening of the Nathu La pass will merely cater to the whims and fancies of the followers of the Dalai Lama, Tai Situpa and the Chinese Karmapa Urgen Trinlay Dorje.
• That moreover, and this is a cause of immense concern for the country at large, and has been repeatedly substantiated by events since independence, the political leadership of this country, caught in its own maya, is blissfully unaware of ground realities in various parts of India. This has resulted in the protracted insurgencies in various states in the country which have taken on seemingly intractable proportions due to incorrect political decisions taken by the GOI since.
• That the GOI continues to receive intelligence reports concerning Tibetans that many of them coming to India are actually Chinese agents in disguise. Your attention is drawn to a photocopy of pg 15 published in the Feb 99 issue of Yug-Udbodhan, a monthly from New Delhi.
• That similarly the Financial Express dtd Sep 15, 1996 in an article by Bhashyam Kasturi, then Associate Editor of the Indian Defence Journal, discusses the issue of direct Chinese involvement in the Karmapa Affair and the monastery at Rumtek, Sikkim. Jai Shankar Gupta in his article 'Rachaa jaa raha hai Sikkim ko Bharat say alag karane kaa khadayantra' published in the Hindustan Aug 24, 1998 too is equivocal on this matter.
• That it is common for the political leadership of the country to over rule the inputs of the Ministry of Defence and various intelligence agencies. A number of decisions of the GOI until now have conclusively proved that the MOD and intelligence inputs need to be taken as pivotal considerations for the formulation of policies. Unfortunately it is the whimsical manner of functioning of the political leadership, which is under the delusion that it knows best, which has been the bane of existence of India as a nation and a country. One is constrained to infer that the political leadership continues to take various decisions at different levels which are incongruous with the interests of national security. This is only too evident in this instance.
• That it has been reported in The Asian Age, Kolkata, dtd 27-6-03 in an article titled 'Army had opposed opening Nathu La', by Seema Mustafa, a photocopy of which is attached, that

Maj Gen A. P. S. Chauhan [retd] admitted that the Indian Army has always been very opposed to the opening of this trade route. The decision now, he said, has created a 'militarily very dangerous and sensitive situation', as trade is often the route 'to other things'.

He said, confirming the view of serving defence officers, that the military apprehensions lay around increasing Chinese influence in Sikkim leading to insurgency and other problems in the very sensitive region.

'We should have insisted that they first recognise Sikkim as part of India and not as an unfinished business that they could now use the trade route to try and resolve for themselves.' he added.

1. That there is a vast difference in the perception of the truth concerning Sikkim between the Govt of the PRC and the GOI.
2. That the Govt of the PRC has clearly stated that 'Sikkim is a problem left over from history...,' while the GOI is attempting to spread the illusion that there 'should be no doubt' about the future of the state. 'As per the decisions taken and with the passage of time, Sikkim will be recognised [by China] as a part of India.'
3. That this perspective fails to consider the fact that an earlier Karmapa incarnation had actually established a small monastery in Rumtek, Sikkim which is the fulcrum of the Chinese claim to hegemony over Sikkim and the Dalai Lama, Tai Situpa and Urgyen Trinlay Dorje have made themselves available for the fulfillment of this bogus claim.
4. That in actuality, through the persons of the Dalai Lama, Tai Situpa and the Chinese Karmapa, Urgyen Trinlay Dorje -- revered as being the Buddha in person by their followers as also the current NDA dispensation -- the Govt of the PRC has already set in motion a process of the secession of Sikkim from India as warned by K. Sreedhar Rao in his report of May 1997 when he was Chief Secretary of Sikkim. It is no hidden secret that Chinese influence in Sikkim runs very deep and the opening of the Nathu La pass merely forebodes the creation of countless problems in the future.
5. That thus clearly, the political leadership has yet again created a piquant situation which does not forebode well for the country at all.
6. That my client has repeatedly drawn the attention of His Excellency the President of India to the situation concerning the Dalai Lama, the purported Karmapa Urgyen Trinlay Dorje, potential for insurgency in Sikkim along the lines of that in J & K, and so on, in his letters sent to HE by registered post on Aug 22, 02 and on Feb 20, 03, copies of which are enclosed herewith.
7. That in spite of these letters and various intelligence submitted to the GOI, it is immensely unfortunate that the GOI has not woken up to the fact that the very presence of the Dalai Lama and his purported Karmapa protégé, in themselves constitute the greatest threat to the national security of India.
8. That the saddest part of life in India is that invariably it is the Armed Forces which are required to stake their lives to clean up the mess created by New Delhi based politicians -- those who have rarely experienced hunger and untold deprivations to

   protect the country in various ways as the Forces continue to do. Should any of these politicians actually spend a few days in field areas and experience the trials and tribulations of Indian Armed Forces, they will certainly develop a more realistic perspective on life and realise the preciousness of the lives of our officers and jawans who too have their own families and people they love!

9. That clearly the Armed Forces have been compelled to remain as mute spectators to the harkatein of the GOI when it is they who are directly aware of ground realities: political common sense and expediency would dictate that they be made integral to any decision making process in the country.
10. That to add to the confusion, the purported Central Tibetan Administration in its circular dtd 27-12-2002, itself admits that there has been until then, no proper data base concerning the Tibetan refugees living in India and it is this which it seeks to do. A copy of this circular is also attached.
11. That this situation has arisen as the GOI has until now remained a mute spectator to the goings on under the Dalai Lama and his purported Govt of Tibet in exile and Central Tibetan Administration, fooled by the assumption that the Dalai Lama is a 'Man of God' and can therefore do nothing contrary to the interests of this country.
12. That it is common for Tibetans to have multiple names which in itself is illegal, and possess various documents and identity papers under these aliases, making it extremely difficult for authorities to keep track of their movements. Moreover, many Tibetans have obtained the citizenship of India as also the Kingdom of Nepal through forged documentation, notable amongst whom are the following:

1. Trangu Rinpoche, who runs the Vajra Vidya Mandir at Khajuhi, Saranath, Varanasi, UP. This is a massive multi million dollar complex!
2. Bokar Rinpoche lives in a monastery in Mirik, Dist Darjeeling, WB together with his nephew who is known as Bokar Khenpo.

All three of these venerated Tibetan Lamas, purported manifestations of various Buddhas and Bodhisattvas, in the vastness of their enlightened compassion, think little of breaking the laws of this country and Nepal. They hold Nepalese passports and travel throughout the world on forged travel papers.

1. That in the book titled 'Whither Governance : Reflections of an Assam Civilian' by K. Sreedhar Rao, published by South Asia Foundation 2002 various issues concerning Sikkim vis a vis the Karmapa Imbroglio, has been raised in detail on pgs 320 - 325, a photocopy of which is attached for your perusal.
2. That it simply cannot be that the GOI is unaware of all the above submissions. It is simply an issue of the non application of mind in the national interest resulting in the creation of further and larger complex situations day by day.
3. That you are therefore requested to ensure that hence the Armed Forces are made integral to any future decisions directly related with national security, on Sikkim and elsewhere in the country.
4. That the Nathu La pass is not opened to trade in the interests of national security, as is being mooted as per various agreements signed recently in China by the Indian PM.
5. That you are requested to now define the status of the Dalai Lama and his purported Govt in exile and various other institutions under him functioning freely in this country, vis a vis the Constitution of India.
6. That you are requested to conduct a proper census on the Tibetan Refugees living in India.
7. That you are requested to inquire into the duplicity of Tibetans as mentioned in para 32 above and take punitive action against such Tibetans who have through false representations obtained the citizenship of this country &/or Nepal.
8. That a copy of this notice is also being sent to <pmosb@pmo.nic.in> by e-mail today.
9. That a copy of this notice is being maintained in my office for future reference and further use.

Yours sincerely,

Sri Birendra Kumar, Adv.
Sent by registered with A. D. Post on 30-6-03 vide receipt #s 2950 to MHA & 2949 to MEA.