Friday, November 15, 2019

The high profile Trongsa Land Case.

A nation can be sold out if the tsokpas ( community representatives) , Gups (head of  local governments ), Dzongda of the Dzongkhag ( Representative of HM the King  and Central Govt.), the Land Record Officer (NLC representative in Dzongkhag ) and the Drangpon of the Dzongkhag Court ( Judiciary ) colluded together  and got backing of a Political Party in governance. 

When an aggrieved Party initially  filed the case, the  case was dismissed by Trongsa Court and again rejected by OAG for prosecution even after ACC completed the investigation and asked OAG for prosecution. I recall OAG tried at all levels including through Media to obstruct ACC from filing the case at Trongsa Court. The Attorney General is appointed by the Prime Minister thus servient to the bidding of the Prime Minister. It was during PM Tshering Tobgay's time. 

The case has been adjudicated at Trongsa Court under a different Drangpon Dasho  Ugyen Tshering. A very capable and absolutely hard working judge. This Dasho Drangpon studies the cases throughly and professionally. And is intellegently sharp. Also considerate in the comprehension of human imperfectness. I hope the Drangpon does not get sidelined for his professionslism. Good and dedicated servants of the Law or in Civil Service  can be sidelined or by- passed in promotion   by forces of corrupt authorities. 

With the concurrent sentencing ( humane consideration on possible legal ground), it looks like all possible judicial considerations have been accorded to the guilty people by the Trongsa Court.  Therefore, an appeal to High Court may not reduce the sentences let alone change the verdict. 

If the appeal reaches the Supreme Court, the Highghest Court in the Land  might even look into the angle of a Dzongda   betraying the trust and confidence of the King and a former Drangpon betraying the trust and ethics of Judiciary and thereby decide to over rule the " concurrent sentencing ".  Instead of looking after people's welfare, the Dzongda has been proven to rob the people to gain wealth for his family. And a Drangpon instead of fostering justice was promoting and defending criminal deeds. 

I think we the common people owe much thanks to BBS in this Particular case. I recall a BBS journalist interviewing the aggrieved lady from Trongsa whose land was forcefully taken away under the pretext of national need priority. And later she found that her land was actually transferred to the wife of the Dzongda. When I saw that interview on BBS TV, I wondered if  Royal Secretariat would intervene. Afterall, Land issue is a Royal matter including grant of substitute land or taking away of private land for national priority needs. That did not happen. But looks like that BBS interview paved the way for the aggrieved Party to seek ACC intervention. Kudos to ACC. 

Corruption and social aggression can be rampant in a nation if and when the powerful collude and responsible check mate/ look out Agencies or Authorities practise hands off stand. 

Personally, I am sorry that a fellow Haap was so vicious in his pursuit of other people's land. And even more sorry that our nation have many in authority  who agree and endorse such ways and did much to obstruct justice and legalise wrong doings.  

When there is " Law and King " ( two bodies of Law ), justice must be allowed to triump in a constitutional monarchy nation. And justice should be served in full. Not partially. The criminals have been punished. But what about the solace to the  victims? In this case, the original land owners should be re- granted their land. The land substitute already given should be treated as compensation for punitive damages caused.  For all the losses, sleepless nights and hopeless days, the never ending  torments, anguish and the shock of uprootment from traditional home and social community that the Law of the Land and National Authority failed to prevent. The Trongsa Court has no  power to re-grant what is now government land. But the NLC and the Government could seek Royal Grant of the forcefully taken land to the original.owners. I wish the Court judgement had mentioned that along with its appeal for purchase by appropriate Agencies the " resort built by the Dzongda's wife " on the land that originally did not belong to the government. It belonged to a lady by the name of Gyalmo. 

If the lands illegally and forcefully taken possession by Dzongda and his wife are   not re-granted to the original owners after this Court Verdict, then victims remain victims. There is no social justice.  And legal justice is incomplete. There is no heart of  compassion and no material compensation for victims of unscrupulous Officials appointed by the Government and His Majesty the King. The Royal Secretariat/ NLC and the Government has a sacred responsibility to reset to original status the aggrieved familiies who were illegally uprooted by the Dzongda. Lhab Dorji without the power and status of Dzongda could not have uprooted the victims from their inherited home and land. Thus the authorities that appointed him must undo the harm and damages he had caused from his official position. 


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