To
His Majesty the King
Tashichhodzong,
Thimphu
Kingdom of Bhutan
Your Majesty, 8th Oct. 2012
Prayer for reasonable restrain of OAG
Most humbly and respectfully, I bow before Your Majesty and
humbly seek Your Majesty’s benevolent intervention in the matter of Office of
Attorney General aiding Dasho Ugen Tsechup Dorji and his colleague Tenzin
Lekphell in their heinous attempt to inflict vengeance upon me for preserving
humble right to protect my family investment.
As per the OAG Act, it is constituted to manage the official
Legal Affairs of the Nation and the Government and “any other issues assigned
or referred to by the Druk Gyalpo or the Government.”
It is not supposed to conduct or lead a personal vengeance
attack on behalf of socially well placed private individuals to the detriment
of another citizen of Bhutan. It is not supposed to misconstrue a formal and
official corporate financial transaction into a criminal offence and then use
it as an excuse to interfere, intervene, harass and forment prejudice to
misdirect judicial process.
The Articles of the OAG Act clearly defines OAG’s
responsibilities, empowerment, jurisdiction and immunity. However, the OAG is
now exceeding its empowerment. It is now involving in settling private scores
of individual citizens.
What OAG is doing is not legal prosecution. It is engaged in
illegal persecution on behalf of Dasho Ugen Tsechup Dorji. Yes, I am the present
victim so I am to suffer. But in the process of such misuse of power by OAG,
the Nation will also be wounded and the good name of His Majesty the King and
the Royal Family damaged. It is an act of sabotage in the confidence of the
people in their trust of the Institution of Monarchy.
I appeal to Your Majesty to please restrain the OAG and Dasho
Ugen Tsechup Dorji. I am not trying to pre-empt judicial process for Dasho Ugen
Tsechup Dorji if he wishes to seek judicial redress of his perceived grievance but
he should not be using OAG or RBP Institutions to inflict personal vengeance.
As per the Act, the OAG is immune to prosecution by any
private citizen or agency. Only His Majesty the King and the Prime Minister
have the authority to rein-in OAG to its prescribed responsibility and
judicious exercise of its empowerment.
On behalf of Dasho Ugen Tsechup Dorji and his colleague Mr.
Tenzin Lekphell, the OAG has trumped up a criminal case against me. The OAG
filed the Case with the Chief Judge of Thimphu District Royal Court of Justice
on 5th October, 2012 ( My Birthday ) and ordered RBP to produce me
before the Court. The Chief Judge has directed the case to Bench III. I have been
ordered to await further Court summons. There cannot be legal justice when OAG
is involved in prosecution of cases that are outside its mandate.
I make this direct appeal to Your Majesty because I sincerely
believe that this collusion between OAG and Dasho Ugen Tsechup Dorji cannot
have the endorsement of the national sovereign authority of Your Majesty. For Your Majesty’s review of the actual case
matter, I beg to submit attached herewith a brief titled ‘The Case in Question’.
A comprehensive report with supporting documents is already with the Police as
per their demand.
I offer my humble respects and remain most grateful for Royal
benevolence. I beg to remain a true and dedicated citizen of Your Majesty.
Most humbly
Sd/-
( Wangcha Sangey )
CID No: 10503001432
P.O.Box: 195, Jushina
Thimphu.
Tel. # 17667003/ ( 02
)322126.
The Case in Question
On 1st April, 2012, Dasho
Ugen Tsechup Dorji and several other Promoter Shareholders of Bhutan Times
Ltd., enforced their plan to surreptitiously take over the Corporation and
leave the Minority Shareholders high and dry. They sacked all employees with
one month pay in lieu of notice period, made a show of selling the Company
assets which they themselves bought and colluded to lease out the publishing of
Bhutan Times Sunday Paper to a separate company called IMS owned by several
Promoter Shareholders of Bhutan Times Ltd. in their individual capacity and
headed by Tenzin Lekphell as CEO.
Two months after the surreptitious
takeover of the Company and destroying the very structure of the old Bhutan
Times Ltd. Corporation, the outgoing Managing Director called a Board Meeting
in the morning of 31st May, 2012 and an AGM in the afternoon of the
same day and confirmed the structural destruction of the old Bhutan Times Ltd. Company.
In the Board Meeting as well as in
the AGM on 31st May, 2012, the outgoing Managing Director informed
that Bhutan Times Ltd. did not exist anymore. Dasho Ugen Tsechup Dorji who was
the Chairman in conjunction with four Promoter Directors including Tenzin
Lekphell had closed down the company two months back. Almost all staffs have
been sacked and assets sold off. And that Bhutan Times Sunday Paper publication
was taken over by another company i.e. IMS for an annual fee of Nu: 3, 00,000.
Bhutan Times Ltd. had two main assets
:
1) The well known brand, ‘Bhutan
Times Sunday Paper’. This has been hijacked by Dasho Ugen Tsechup Dorji and
Tenzin Lekphell under the guise of IMS.
2) The Bhutan Times Printing Press at
Jemina. This Printing Press was leased to Mr. Kinga at an annual rental fee of Nu:
20 Lakhs for a period of 10 years beginning June, 2009.
Dasho Ugen Tsechup Dorji, Tenzin
Lekphell and few other Promoters colluded together to cancel the Lease
Agreement and instead sold the Printing Press to the same person Mr. Kinga for
a total price of Nu: 29 Lakhs. Mr. Kinga is related to few of the Promoters.
Can any Corporate crime be so heinous then selling the Printing Press that was
fetching an annual rental income of Nu: 20 Lakhs being sold for Nu: 29 Lakhs
only? The building that housed the Printing Press was rented out to the same
person Mr. Kinga at Nu: 15,000 a month. In other words, the Promoters in
collusion with Mr. Kinga now possess a Printing Press at a tiny fraction of its
original cost.
The effectiveness of any protest in
either the Board Meeting or AGM forums convened on 31st May, 2012 against
such an illegal and dictatorial decision was two months too late. The crime
perpetrators had devalued the assets of the Company and bought the same
directly or indirectly for themselves. The structure of the old Bhutan Times
Ltd. Corporation had been totally dismantled.
I felt disgusted and deeply wronged.
Previously in 2009, this same group of Promoter Shareholders had caused the
near bankruptcy of Bhutan Times Ltd. and I had to spend 9 months of painful and
frustrating time bringing the Corporation to a sound financial footing. And now
after 2 years, the Corporation had been surreptitiously dismantled to suit the
greed of the few. However, for so many reasons including the social cost and pressures,
I felt that a legal recourse to reconstruct Bhutan Times Ltd. Corporation was
out of the league of any ordinary common person of my status and resource. At
that time I did not comprehend the full extent of Dasho Ugen Tsechup’s personal
role in the surreptitious takeover by Promoters. Much later in the last week of
June, I was shown an email exchange between the previous MD Kaka Tshering and
Dasho which revealed the full extent of latter’s involvement.
There was no other recourse except to
exercise my right to claim back the investment of my family. Sometime back,
during the 3rd AGM in May, 2010, a decision had been made whereby if
the Promoters who owned 83% of the Company took over the Corporation then the
Minority Shareholders who had bought the Company shares from the stock market
could exercise their option to either join the Promoters or have their shares
bought back by the Company.
I had informed the same AGM that
incase of takeover of the Corporation by the Promoters themselves, my family’s
shares shall be surrendered to the Corporation under the buyback arrangement.
This proposal was accepted and endorsed by all the members. And a supplementary
legal document dividing the company between two groups of promoters was
executed. On 1st April, 2012, Dasho Ugen Tsechup Dorji and a group
of Promoters had decided to jointly take over the Company but in a very
surreptitious manner.
In keeping with the decision of the 3rd
AGM and the supplementary Legal Agreement executed by the Promoters, I
processed for the buyback arrangement for my family shares of Bhutan Times Ltd.
I surrendered the original Share Certificates of my family to the stand-in
Managing Director cum Finance Manager and he sanctioned the par value of Nu:
27, 39,900 payment. In addition Nu: 54, 798 that had been withheld by the
Corporation was also released back to my family. All necessary transaction
formalities were completed as per general norms of the Corporation. It was
totally legal and official.
Bhutan Times Ltd. Management had
conducted similar transactions before. That was how Dasho Ugen Tsechup Dorji
became a Promoter of Bhutan Times Ltd. in place of Mr. Tashi Wangdi. That was
how Mr. Tenzin Rigden’s dues were adjusted by the Corporation buying back his shares
in the Company worth Nu: 40 Lakhs.
However, it seems that Dasho Ugen
Tsechup Dorji and Tenzin Lekphell did not even want to honour the buyback
arrangement passed by the AGM. They expected my family who owned 6.84% of the
company to simply surrender under duress and walk away empty handed. So they
hired a legal firm to file a trumped up charges against me to the Royal Bhutan
Police instead of to a Royal Court of Justice. He chose to take his grievance
to the Royal Bhutan Police and to OAG instead of the Royal Court of Justice
because he would have better success as now proven at utilizing their arbitrary
powers to his benefit. As he had
planned, the Royal Bhutan Police and subsequently the Office of Attorney
General have lent themselves as his tools to white wash his criminal deeds and
attempt to penalize me for daring to exercise my humble legal right to protect
my family investment. With God and the
King as my witness, I pray that Justice will ultimately prevail because the
buyback arrangement of my family shares by the Company is as per the decision
of AGMs and commitment made by all the Shareholders especially the Promoters.
If Dasho Ugen Tsechup Dorji or any
other individual wants to get the Royal Court of Justice to address their
perceived grievance against me, that is their right. I shall respect the due
process of Legal Justice. But why are RBP and OAG intervening on behalf of
Dasho Ugen Tsechup Dorji and misusing their powers to settle his personal score
with a private citizen?
The RBP called me and asked for
explanation. I submitted a full and factual account with all official
documentary evidences. Then OAG took over the case and filed a court case
against me on behalf of Dasho Ugen Tsechup and Tenzin Lekphell. The OAG is lending
its full official support to Dasho Ugen Tsechup Dorji, Tenzin Lekphell and few
other Promoters who are the real corporate crime perpetrators and persecuting me
to submission and silence. Such blatant prejudiced actions of OAG lead to legal
injustice. And further slurs the image of the Royal Family and corrupts the
pureness of the Sacred Royal Image. OAG needs to be restrained to perform
within the empowerment of OAG Act and only His Majesty the King and the Prime
Minister have the necessary authority to do so.
Therefore, I am being compelled to
bring this atrocious deed of OAG to the kind attention of His Majesty the King
and the Hon’ble Prime Minister.
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