Friday, January 27, 2017

Facts about Court verdicts for those interested in knowing facts.

1.Verdicts are judgements passed by a Court of Law.

2. It is the responsibility of the  Court of Law to enforce  verdict upon the litigants if the same is not complied with. The litigants cannot enforce judgement contrary to what some journalists wrote. 

3. The plaintiffs and the defendants must either comply with the verdict or make appeal to higher Court ( in Bhutan the appeal must be done within 10 working days from the date of verdict). The highest Court in Bhutan under the Constitution is the Supreme Court. So Supreme Court Judgement cannot be appealed.

As a subject of His Majesty the King, a Bhutanese litigant could make appeal to His Majesty the King after Supreme Court decision.   But not for another judgement. For Kidu only. And if one be so fortunate to receive the grace of Kidu then show gratitude and respect by accepting the outcome of Kidu appeal. It is out of bounds of  decency for a law abiding subject to mount direct or indirect ugly attacks on national institutions when the outcome is not upto individual expectation after seeking Royal intervention. Such behaviours reflects badly upon the Kingdom's code of social conduct and equal service.

4. The plaintiffs and defendants must note that if they do not go for appeal then they have to comply with the verdict. And compliance has to be done within the time frame set in the verdict.

5. In the event due to some unforseen problems,  the  plaintiffs or defendants are not able to comply with the provisions of the verdict, then they must approach that particular Court for time extension with valid reasons before the legal time bound expires. Do not expect the Court of Law to seek the courtesy of the litigants for enforcement of the verdict if not already complied within the time provided.

6. It is not alright to express intent to comply with the provisions of the verdict after the legal time frame expires. The Court is required by Law to enforce it's verdict upon the litigants if the litigants do not comply within the time frame provided. 

7. All Bhutanese and Bhutanese Institutions must respect and comply with the judgement passed down by the Supreme Court of Bhutan. However, it  looks like that some feel different and mount ugly attacks upon the  Supreme Court or individual Justices of the Supreme Court. Perhaps they have their own designs and motives. Only time can tell. Freedom of expression or depression of sovereignty under foreign influence?   Not much to feel overly disturbed, I think.The Kingdom has survived outer or inner disruptive forces in the past. The present undesirable trends are sugar coated in the name of freedom of expression and so must be handled in like manner.  

It is necessary to keep in mind that His Majesty the King has never expressed displeasure with Supreme Court Landmark judgements let alone other lesser verdicts. Both the two democratic Governments of Bhutan and the Election Commission of Bhutan and the 1st and 2nd Parliament have  respectfully accepted the judgements of the Supreme Court and abided by the verdicts issued.

Against this background,  many silent spectators in Bhutan who never had reasons to question national Institutions, would be intently watching how judiciary now defends itself and Justice  against vicious attacks by some forces. Does different standard apply to different sections of Bhutanese society? Does quality of Justice depend on who can shout the loudest and attract outside attention or is it an inbuilt culture within the system?  Can journalists with personal agendas hold justice to ransom in the name of freedom of speech that is music to international media?

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