An appraisal of the 1st Democratic Government led by Prime Minister Jigmi Yoezer Thinley (April, 2008 – April, 2013).

I am impressed by the 3 hour presentation of the 5 years report. The ability to create a feeling of one to one conversation to a 3 hour long address may be what keeps the Prime Minister connected to the persons on the dusty farm roads.

1. The 10^th Five Year Plan

A whole lot of Government Agencies, Corporations, delivery systems, administrative wings, Private Sectors, the people themselves worked in unison under the Cabinet team to successfully implement the most ambitious 5 year Plan in the 52 years of planned development. His Majesty the King provided the inspiration and the guiding light including clear timely advises as acknowledged by a grateful Prime Minister. The armed forces especially the Royal Bhutan Army bore the brunt of various successive natural calamities of flood, fire, windstorms and earthquakes whilst His Holiness, the Dratsang and many religious institutes and Lams offered prayers successfully for the nation to overcome the difficulties. And NGOs headed by their Majesties the Queen Mothers made important much needed social contributions. DHI was there to value add the income generations of government corporations. The Nation has much to thank India and other developing partners for the success of the 10^th Plan.

It seems according to media stories that critics of DPT Party are attempting to separate or disassociate the tasks performed by implementing agencies, delivery systems, administrative apparatus from the cabinet team. It is, I believe, a futile effort to divert performance credit away from the DPT Leadership. The reason behind such an attempt could be two kinds. a)  It may be difficult to find fault with the overall success of the 1^st democratic government of royal Bhutan. b) The lack of self experience in the art of governance, the absence of insights and broader perceptions, all of which are must qualities if one must go for the jugular of any Ruling Party which seemingly is in comfortable command.

The cabinet and all the associated governance apparatus be that local government, law agencies, government corporations, administrative wings or implementing agencies are together as a wholesome body called the Government. For the historic 1^st 5 year of democracy in Bhutan, the people installed DPT Party at the helm and provide the necessary leadership in governance. Therefore both the success and failures must be attributed to the political party that is in charge of the national governance irrespective of whether that party in leadership chair was directly, indirectly or by way side involved in the success or failure for the given period.

2. The hall marks of the 1^st government of royal democracy of Bhutan

The accomplishments during the 5 years are astounding. However, the success does in no way be-little what were achieved pre-2008 years. The multiplying effect is always more dramatic. It’s like population explosion. Nevertheless, the Hon’ble Prime Minister Jigmi Yoezer Thinley led government has genuine demonstrated reasons to report great strides in most aspects of national development that ranges deep and wide from education, health, agriculture, communication link ups, new roads, media proliferation, enhanced private sector participation, playing leading roles in the international arena especially on gifting to the world at large the GNH approach and establishing more diplomatic ties.

3. Controversies of McKinsey, Tobacco law, green Tuesdays and rupee shortage

a) McKinsey contract

I have always maintained that it was fundamentally wrong for DPT formed royal government to hire McKinsey as the overall advisor for national governance. In my perception, the fee of Nu: 430 million is irrelevant whether it is adjudged to be more, less or recoverable. The disagreeable act is bringing in an outside pathfinder when the people of Bhutan overwhelmingly voted for Druk Phuensum Tshogpa to be the first ever pathfinder of royal democratic government of Bhutan. It took Bhutan several decades to do away with various advisors from India. The last advisor post that we finally managed to abolish was that of the police advisor from India.

It is my sincere belief that only the true sons and daughters of the soil can craft the required national statesmanship that can serve the Bhutanese national interests. I have always had absolute faith in the ways of our Kings and the Bhutanese statesmen who have led the nation. A nation is like a child and the best guardian for nurturing the child is the birth parents who have inexhaustible love and concern and are totally selfless when it comes to the wellbeing of the child.

A foreign consultancy firm could be used as a sounding board for specific project, idea or policy but never as overall path finder of national administration. As most who should know Bhutanese are aware, the CEO of McKinsey has been convicted with jail term by an American Court for criminal corporate fraud of the lowest kind, insider trading (a corporate crime equivalent to selling the soul of the mother). I feel that the very presence of McKinsey not just with their fingers in all our pies, is a defilement of the home of GNH, the two-way allegiance between the King and his subjects, the trust between the government leadership and the voters, the extended family system and the open character and religious sentiments of the Bhutanese and our youths the promise of the nation.

I am not just against McKinsey. I am against any foreigner holding executive post in the royal government of Bhutan. That’s why I was aghast 3 years back when I realized that the Director of Royal Education Council was a foreigner (now replaced) and on the spur of the moment I made my feeling known in an article. Only much later, a thoughtful reader of the article told me that the foreign director was a royal tutor. So I guess professionally he was qualified but the issue was nationality not professional capacity. And likewise, I am in no position to be-little the technical capacity of McKinsey. They must be efficient because others have availed their services.

However, the McKinsey factor kept nagging my conscience and I was forced to analyze the issue for peace of my mind. Whether I hit the bull’s eye or not, I stopped worrying about McKinsey once I arrived at the following rationality. Like the whole Kingdom, DPT leadership must been equally bewildered by the kingdom shaking land slide election victory. Whilst the inexperienced underlings and supporters rejoiced with glee, the thoughtful senior leadership of DPT especially Lyonchoen Jigmi Y Thinley must have been relieved but also perplexed by the result. What could have been so totally different between DPT and PDP?  At the leadership level ofcourse the Representatives of the people in the National Assembly always preferred Lyonchoen Jigmi Y Thinley but between the other candidates of the two political parties, how could the choice be so startling? A thoughtful leader had reasons to be jittery. Were the people of Bhutan looking for more drastic change in the substance of national governance that was beyond the past experiences and knowledge that the nation had at hand?  Maybe that made the otherwise most talented and confident Prime Minister seek the arm rest of a highly recommended foreign consultancy firm to guide his government.

Fortunately for Bhutan and luckily for DPT, the Prime Minister recouped his wits early on and quickly gained mastery of the national rudder. By then the McKinsey contract was signed and sealed. So McKinsey limped along with few publicity stunts like compact agreements and what is touted as major management innovation ( though the software is already available in the market ) the online governance . It is actually similar to ATM except ATM is far more reliable and speedy. The Government did not need McKinsey to introduce this system. However there is no denying the novelty of the G2C. It is at cradle stage now but if nurtured to full potential with the same sincerity as shown by DPT led government, it will do wonders for equality and efficiency.

b) Tobacco Law

It was National Council baby fertilized by Health Ministry and supported by majority of MPs of the National Assembly. His Majesty gave Royal Assent to the Tobacco Bill, possibly out of political compulsion rather than belief in the goodness of the Law. Just imagine what the Monarchy detractors of modern world would have said if His Majesty returned the devilish Bill conceived by National Council and backed by almost all parliamentarians and its draconian claws obscured by the silhouette of better health and social goodness screens.

But from henceforth, I pray that His Majesty the People’s King never again sign a Prohibition Bill on socially acceptable vice like tobacco, doma or alcohol into law because such laws do little good and causes major social despair, acrimony and fear. It makes the otherwise decent people into criminals and the King appear to assume the role of devil‘s advocate seeking to make saints out of his citizens. Saints are God’s angles not the King’s subjects. Discourage social vices but not jail! The tobacco hunting teams discovered tobacco goods of humble value at the home of a single mother of 3 children. The mother was arrested, tried and jailed. The eldest son was taken off schooling to look after the two siblings and manage home. Would that single mother and her doomed 3 children believe that they have a People’s King and a social conscious Prime Minister?

I have never met the mother or the 3 children but facts can be ascertained from Thimphu Judiciary Court or Police. Yes I did make online protests in an effort to draw royal attention to find ways to protect his subjects from such draconian laws. A moderation came about from the law makers but to what extent? Maybe His Majesty the King could grant pardons to all prevailing and future victims of the draconian laws until the MPs learn to tamper law making with social decency.

c). The green walk of Tuesdays.

Thankfully this has been lifted or should I say modified. I do not question the goodness behind the green walk especially because it was so publicly championed from Lungtenzampa by the cycling King and walking Prime Minister.

The national green walk in the urban centers is philosophically sound like Lord Buddha’s Teaching of abstenism but confronted with hard realities of everyday earthly family life, who and how many have luxury of both time and energy to walk for walking sake. The over-burdened working parents, helpless single mothers, hard pressed Teachers juggling early morning hours between home and school chores, the humble salaried workers bereft of taxi fares or additional fuel expenses for winding detour car routes and many others who simply cannot even take morning or evening walks to prolong their lives, for various domestic and economic reasons.

In a way, it is regrettable that green walk just could not be sustained by the inadequate urban masses. However if carbon emission control was the goal, that is being easily achieved albeit in a less palatable way. High inflation figures, escalating fuel prices and the continuous downturn of world economy will also affect our economy. There will be less industrial and commercial venture carbon emission, due to lesser activities. A downturn in economy translates to less carbon emission as well as more oxygen for health and less money for pockets.

d) The Rupee Shortage

The popularly known and widely felt rupee crunch is actually a shortage of foreign currency in the national exchequer. If we had dollar, pound or euro in sufficient quantity, rupee shortage is easily overcome. But we do not have. An underdeveloped nation like ours does suffer from this economic malaise because our needs are more than our output. The export is far less in value than import. And acute shortage of rupee is particularly felt because we need to import everything from India. If India had insisted on hard currency like dollars for payment Bhutan would be facing dollar crunch not rupee crunch.

In the last 10 years, the per capita income has jumped and Bhutanese are in position to enjoy the fruit of the success of our past economic policy. For example, at one time majority of Bhutanese parents struggled to provide uniforms to our school going kids in Bhutanese schools. Today Bhutanese parents including many in rural Bhutan are funding education of their children at colleges in India. Our enhanced ngultrum prosperity outstrips the national rupee inflow. When we purchase goods or services from India using ngultrum through banks or shops in Jaigoan or Siliguri, ultimately the government has to provide the rupee counter value for ngultrum we spend.  Unlike rupee status in Bhutan, our Bhutanese ngultrum is not a legal tender in India. Thus the main culprit if one can so name it behind rupee shortage is the new found prosperity of individual families and private sector of Bhutan.

Therefore the DPT cannot be solely blamed for the rupee shortage. Yes RMA and Finance Ministry could have done a better job at managing the crisis. In a political musical chair game, the National Council heaped the blame for rupee crisis upon Finance Ministry and RMA.  It is a political charade.  It was National Council that vetted the RMA Act that gave sweeping monetary powers to RMA not Finance Ministry. Moreover the proposal of Finance Ministry for tax hikes on certain imported goods like vehicles were watered down by the parliamentarians. Dasho Rinzin Rinzin of National Council states that the Finance Ministry’s tax increases were not convincing enough. At the way the ngultrum economy was bulging, foreign currency crisis (especially rupee) had to happen. When a naked person is standing in the front, is it really necessary for someone else to again reiterate that the naked person has no clothes on?

There is another fundamental flaw in the resolution of National Council directing Cabinet Secretary to take punitive action against RMA and Finance Ministry after the term of the 1^st Parliament. The members of the Parliament must be held accountable along with RMA Governor. Why should other officials of the two agencies be disciplined? And any way the Constitution has the Chief Justice of Bhutan as the Head of interim government not the Cabinet Secretary. Many members of the National Council have performed with great dedication till then. How could it suddenly play cheap politics on its last day of the session?

And another thing, National Council wanted the Entitlement Act amended but when it was handed over to them on a platter by the National Assembly who initially had blocked the same; the National Council could feel the past hurt ego but not sense the legislative victory. They could have had the cake and eat it too. The disparity between the MPs of the two Houses could have been nullified forever. It makes me wonder if a deal to suit the NC members had been secretly hatched somewhere before the NA proposal.

4. Major achievements of the government : hydro-projects, roads and communication, the historic Meeting between Bhutan and China.

a) The Hydro-Projects

His Majesty King Jigme Singye Wangchuck emphasized on the two pillars of economic policy: 1) The education of Bhutanese children 2) The development of hydro-power. The King referred to the water resources of Bhutan as the liquid white gold. The King’s nature conservation policy has much to do with preserving water resources as it does with preservation of eco-system. That’s my hindsight intelligence. Quite some time back, I decided to strengthen my faith in the ways of the Bhutanese Monarchs on major royal policies because it was proving to be quite an unimaginable task to clearly comprehend the broader designs of a royal decree at the time such is issued.

The 1^st democratic government of Bhutan under Prime Minister Jigmi Y Thinley is not the originator of hydro-power projects. But the zeal and commitment by this government to 10,000 MW of hydro-power is admirable and their efforts laudable.

I am also most impressed and grateful that for the first time in the history of Bhutanese development era of 52 years, the victims of progress have been given a share in the fruit of progress. I am referring to the 10,000 units of electricity per acre of land sacrificed for hydro-projects for the life of projects. To my national conscience, I appreciate the significance of the symbolism that this gesture represents. It warms the heart, assuages the sentiment and most importantly the gesture acknowledges the obligation of the nation to the victims of progress in concrete and tangible manner.

The hydro-projects are a boon to Bhutan as envisaged by the Monarch. And even if we have 6000 instead of 10,000 MW by 2020, the other 4000 MW will come by 2022 and definitely Bhutan will reap dividends. I do not think that our economy will reach so bountiful a stage by 2020 or 2025 whereby we would be hard pressed to utilize the rupee earned from hydro projects. I am referring to Lyonpo Khandu Wangchuk’s response to Dasho Damchoe of Opposition Party who expressed his misgivings of economic impacts of hydro projects beginning from Chukha and Tala projects executed under direct administration of the King to the ongoing hydro projects. Lyonpo Khandu was understandingly reacting in the necessary manner to douse the ill intended fire of criticism. On a lighter note, it was amusing to hear someone other than victims of hydro project land acquisitions bemoan the ‘ills’ and another painting a rupee utopia in times of rupee crunch. That in a way is parliamentarian flair for political non-sense and humour.

b) Roads and Communication. 

The 1^st democratic government truly has nurtured the seed of democracy introduced by the Monarch. And hence forth freedom of speech, movement of people and freight, information exchange, people interaction will blossom due to mobile telephones, internet, TV, radio and newspapers and above all road connectivity extending to the extreme rugged interiors.

I was never worried about mobile, TV, internet connectivity. These will have to come about by force of global modernization in such fields but that we now have it so soon is glorious. My desire or dream was to have a national circular road that connects the Dzongkhag centers through our own line of control. A road through Samtse to Phuentsholing, Lhamoizingkha, Manas, Nganglam, Pema Gatshel in the south and Gasa, Laya, Lingshi, Soe, Drugyel Dzong through Haa to Samtse. I think the 1^st democratic government has made that dream a sure reality. And my other dream is to store excess monsoon water for lean season to run hydro plants. I hope that the next government will lay concrete foundation for such a goal starting with proposed Bunakha reservoir.

c) Indo-Bhutan and Sino-Bhutan relationships

His Majesty the King profoundly dwelt upon Indo-Bhutan friendship but made no mention of China or any other nations during his sobering address marking the end of 1^st parliament of Bhutan.

In his 5 year report, the Prime Minister devoted considerable time to emphasize on the importance and goodness of Indo-Bhutan friendships. He said one line on Sino-Bhutan relation. He was aware of opposing views but Sino-Bhutan relation can be only good for Bhutan, he said. Maybe national leaders are sometimes in priestly silence never in position to say aloud their inner thoughts. However, the Prime Minister did meet Chinese premier and that speaks volumes of Bhutanese aspirations.

Bhutanese can never discount the importance and goodness of Indo-Bhutan Friendship. India is a friend, major developing partner and socially and culturally the closest. There is very close link between the people of India and Bhutan. Both Lord Buddha and Guru Rinpoche originated from India. The successive leaders of India beginning from Nehru and the People of India have enriched the People and the Kingdom of Bhutan. And Kings of Bhutan have always held dearly the Indo-Bhutan friendship. I reiterate all these to demonstrate that the people of Bhutan will always remain grateful friend of India and her people.

However, Sino-Bhutan relation must take more concrete forms. In early 1960s Bhutan ended its isolation to embark on modern development plans. In the 21^st Century, the Kingdom of Bhutan cannot afford to isolate itself from China. China is economically and politically one of the most powerful players in the world. Bhutan is the closet neighbour and the only neighbour that does not have diplomatic ties with China? Why is Bhutan being the Keeper of Post 1962 Sino-Indo Frost? And can past, present or future Butanese leaders deny that sovereignty of Bhutan lies intact inspite of the fate of Tibet and Sikkim because of our geo-physical proximity to the vital interests of both India and China.

It may be a fact that India does not wish for closer relations between China and Bhutan. But India’s animosity or distrust has more to do with China. Also India might suspect that China may surreptitiously takeover Bhutan and therefore endanger the whole of north east frontier states of India. It is, I feel, a hypothetical concern. It is for China to reassure India on such accounts. Personally, I feel that India need not feel the Chinese jitters from Sino-Bhutan diplomatic and economic ties.  The Indian foot print in Bhutanese history of development and sovereignty is unshakable by any other power. 

The Kings of Bhutan never ignored China though they have established closer ties with British India and then Independent India. His Majesty King Jigme Singye Wangchuck signed a Border Treaty on co-operation and mutual respect with China. And the reigning King His Majesty Jigme Khesar Namgyel Wangchuck has to have the core interest of his Kingdom and people to the depth of his self existence. For sake of Bhutan and Bhutanese, His Majesty cannot ignore China and her leaders. Therefore, the road ahead is to gradually develop diplomatic and economic relations with China and never ever dilute in any way our strong bonds with India. We must draw India’s trust upon decades of Indo-Bhutan friendship so that our most reliable and benevolent friend is not deterred by friendly Sino-Bhutan prospects that will increase Bhutan’s international prominence and provide broader economic impetus.

The political parties of Bhutan can play politics all the way. But they must refrain from compromising the future sovereignty interest of Bhutan for short term political gains.  The diplomatic inroads accomplished by the 1^st democratic government must be appreciated and it will bring fruitful national dividend if the next government formed by DPT or another political party keeps the long term interest of the Nation at heart and forge ahead in developing better international ties particularly with China. The competition and animosity between political parties must not overshadow the raw and genuine national interests. It would be self defeating to be-little national strides achieved by DPT government in foreign relations. 

5. His Majesty the anchor and guiding light of Bhutanese democracy 

Democracy was gifted by His Majesty King Jigme Singye Wangchuck and King Jigme Khesar Namgyel Wangchuck took over the mantle of leading and nurturing democracy from the initial faltering national steps. The success of the 1^st 5 year of democracy is beholden to the guiding light of the young King. I feel that the 4^th King would have good reasons to celebrate his royal decision to enthrone the next in line.

Many Politicians of the present world would give anything to have the looks, the height, the charm and gift of oratory skills and public interaction that are part of inborn qualities of the Bhutanese King.  It seems that somehow the Wangchuck Dynasty always managed to nurture forth a King especially adapted to the changing needs of Bhutanese history. His Majesty Jigme Khesar Namgyel Wangchuck is the chosen one to lead and supervise the democratic aspirations of Bhutan. If any grandpas of my age are worried about future of their grandchildren, maybe we could afford a break and let it be in the care of the dynamic King. 

The most important thing for a small nation is to have great Leaders who are able to interact with the populace in their natural environ and who can develop international rapport by virtue of their own personality rather than the wealth or power of the country which Bhutan lacks. And those qualities, our people’s King has in abundance. The people of Bhutan have come to accept the young King as a confidant of their family. It is also most heartening to see the near adulation responses of the citizens of India, Thailand, Singapore and Japan when our King and Queen visited those countries after the royal marriage.

In Bhutan, the highlight of each session of the parliament is the event when the King addresses the nation from the august Hall. It has become a very important tradition and this must be maintained. Whether the King is happy with the government or not, whether he is happy with MPs or not, it should not matter. The Hall of the Parliament belongs to his people and as their leader and ultimate refuge, the King must reassure the people from the seat of the parliament that he is there for them standing vigilant from amongst all the MPs, Ministers, judges, police or local leaders of the nation.

The People’s King of Wangchuck dynasty and Shabdrung lineage will have much more to offer. We are yet to witness greater enlightenment from the dragon that adorns the spirit of democratic Bhutan. King Jigme Khesar Namgyel Wangchuck must continue to keep alight the soul of Bhutan’s democracy and stability.

6. My personal appreciation of the government

The successful implementation of 10^th Five Year Plan deserves to be heartily applauded. I compare the achievement to that of Miss Universe, beautiful but not necessarily virgin nor free of flaws. However on the overall, beauty and art does win the crown.

My admiration is over and apart from the 10^th Five Year Plan. I had partially expressed these in a letter to the Minister of Education Lyonpo Thakur S Powdyel when the year of Sherig Century was being launched last year. (Maybe my letter of 4^th May, 2012 better expresses my feeling of that moment)

The DPT led royal government’s successful leadership of unplanned historical events.

1. The forming of the 1^st democratic government and adoption of the Constitution thus laying the foundation   of democracy both in print and practice.
2. Stewardship of the coronation of the 5^th King Jigme Khesar Namgyel Wangchuck and celebration of 100 years of enlightened Wangchuck Dynasty.
3. The hosting of SAARC Summit in Thimphu.
4.  Managing the so called constitutional crisis with political sobriety and national maturity.
5. The Stewardship of the auspicious Royal Nuptial.
6.   GNH at UN- Sharing the royal vision of national hope with the rest of the world.
7.   Celebrating “Sherig Century” the light of intellectual empowerment.
8. The rapprochement with China at the level of Prime Ministers during the ‘The Rio Summit when the great  dragon and little dragon met on the equal level platform’ against the back drop of the gathering of world leaders.

7. The legacy of the 1^st democratic government

Come 20^th April, 2013, Prime Minister Jigmi Y Thinley and his Cabinet hands over a nation not just intact but much enriched by many historical events, a very confident and proven King with a beautiful Khendum as Queen and partner. Bhutan has a prominent place among nations and is at peace within and outside and a vision to further strengthen democratic ventures and above all a model of proud democratic discipline that sets the way forward. Thank you Prime Minister Jigmi Yoezer Thinley. 

8. A prayer for the future

We all have reasons to take pride in the success of the 5 years of Democracy. However, the mission is an ever demanding journey. And the task of such a journey compounds with passing time and multiplies with increasing population. So forward we march after every 5 year interval into the next election and the next government. The advantage for Bhutan is that we have the same anchor in the King of Wangchuck Dynasty and may we remain the same united people albeit our petty differences. By the grace of Triple Gem, may our tryst with democracy be a destiny of good national fortune.

The Doctrine of the King

On 21^st February, 2013, Bhutan celebrates two epic historical Events : the 33^rd Birth Anniversary of the 5^th Wangchuck Dynastic King and finale of the 100 years of Education (Sherig Century) nourished by Five Wangchuck Reigns. The final national tribute to the Sherig Century is held at the Gongzim Ugyen Dorji Higher Secondary School in Haa where it all began 100 years ago under the 1^st Monarch, His Majesty Ugyen Wangchuck. And in all the 20 Dzongkhags, the people of Bhutan will congregate to celebrate the 33^rd Birth Anniversary of His Majesty King Jigme Khesar Namgyel Wangchuck and the Sherig Century, the most precious gift of the Wangchuck Dynasty.

Since 1907, the Kings of Wangchuck Dynasty have guided the people of Bhutan through many phases of developments and changes. Each King had his goals to achieve and ways to inspire the nation and through their collective wisdom and leadership, Bhutan has come thus far – sovereign and beautiful.

In January this year, His Majesty Jigme Khesar Namgyel Wangchuck the 5^th King of Bhutan outlined his goal, vision and aspiration for the nation in a televised address during the convocation held at Paro for the Teachers who had graduated from Paro and Samtse Colleges of Education.

I felt that the declaration of the 5 goal Doctrine at the convocation of the graduate Teachers in the year of Sherig Century was beautifully timed and a moving inspiration to all of us who have and who will benefit from the most precious gift “Education”.

1.    Ensuring continuous Sovereignty and Security of Bhutan
2.   Fostering national Peace and Unity
3.  Promoting good Management and Administration
4.   Preserving Culture and Tradition
5.   Achieving people’s aspiration and national progress through democratic process

On the occasion of the 33^rd Birthday of His Majesty the King and as a tribute to the Sherig Century, may all of us the people of Bhutan join hearts and effort to fulfill hereafter the visions and aspirations set by our 5^th King for the goodness of this Kingdom.

May His Majesty King Jigme Khesar Namgyel Wangchuck reign long and true and May the future generations of Bhutanese usher in the 2^nd Sherig Century in similar national environ of peace and unity under the reign of the Sixth King of Wangchuck Dynasty. 

My take on happiness paradigm

Bhutan and Happiness centered development paradigm, Thimphu, Bhutan.

Bhutan coordinated a conference of Happiness Experts from 30^th January – to - 2^nd February, 2013. They were in search of the elusive path to a new development paradigm that could replace the decades of GDP and GNP centered development goals.  Ordinary Bhutanese had no role but the brief news in the media provided a glimpse of the diversity within ( maybe confusion and turmoil ) of views that prevailed amongst some 40 or more international experts and Bhutanese proponents of Gross National Happiness.  

Is it possible to work out a realistic and practically meaningful framework, for a new development paradigm, centered on human happiness that can be a viable substitute for the decades of GDP guided economy that promoted materialism and consumption? Some experts felt that Bhutan had advocated this business of happiness and therefore Bhutanese should show the way whilst few shared an equal sense of responsibility and still for others it was a forum to expound their individual or organizational agenda on democracy, environment and social affairs.

One thing was clear, the Bhutanese nine domains of happiness was adopted as the basis for conference to work upon because the experts had no pre-prepared proposal nor could they agree on alternate dimensions during the  1^st day of brain storming. And definitely they were hard pressed for time and therefore condescended to work upon these nine domains with an escape clause to add a 10^th domain if called for.

From the few cursory articles in the media and three interviews telecast by BBS, somehow it did not strike to me, that the experts have had a realistic grasp of the task, ‘framing a conception for a new development paradigm that would be focusing on human happiness, post the millennium goal (2015)’. They were hopeful but not at all confident of going about the task at hand. Few even were washing their hands off with such remarks as : “the Bhutanese people should make clear how to go about this” ; “it is Bhutan’s call and it is Bhutan’s show” ; “the report must go under the aegis of Bhutanese government.” (reference: Kuensel)

If only Bhutan had the intellectual capacity and financial resources, to frame a conceptual happiness centered road map (internationally acceptable and workable diagram) for a new development paradigm on our own, the Bhutanese person by now would be in the 7^th heaven. We need outside finance, experiences and intellectual inputs to find a trek-able path to achieve the goal we have set, “being happy”. And if this path is discovered, it will provide the highway for other nations to speed on.

Happiness should have been the very purpose of life beginning from the 1^st life and maybe like many ironies in life, we the human beings realized this purpose only when we reached the end of our lives. By then it’s too little of happiness and too late in time to again revisit our life journey.

However, more than two centuries ago, a founding-father of a nation wrote down his moenlam (prayer) for his nation, “Life, Liberty and pursuit of Happiness…” Whether that nation pursued happiness or domination, one must leave it to experts to debate and squabble and for historians to write the epitaph. But what cannot be disputed is that a Buddha-like-nation-founding-father realized that the happiness of its citizens must be the guiding goal of a great nation.

Several decades ago, a young Buddhist King of a little known Buddhist Kingdom of Bhutan resonated this very theme of happiness, “Being happy is more important than being wealthy”. And this wisdom was fashioned to relate to the acceptable jargon of development concepts such as GDP and GNP. Thus the birth of Gross National Happiness (GNH).

 His Majesty King Jigmi Singye Wangchuck experienced what life was, absent of happiness. By destiny he was born to be a King and by fate of life he was pre-maturely crowned the King in 1972 at the age of 16. The young King was faced with the titanic task of healing the agony and the wounds of the broken royal families and at the same time provide anchor to a rudderless nation that was at imminent danger of sovereignty risk. For a long time, happiness and peace of mind was a scarcity beyond the grasp of His Majesty.

In being a King, he had the temporal powers and by Bhutanese’s meager standard, the King could be considered wealthy. But happiness was more elusive to him than to a yak herder in the mountains of his Kingdom. Therefore, when he said, a few years later, that his priority was to secure happiness for his people, he meant it from the bottom of his heart. It was not a statement of political, economic or social definition of his reign. It was what he missed most in his early reign and he did not want his people to be also deprived of the true essence of life, “Being Happy”.

The foundation of happiness at national level is achieving peace and security. And at family level it’s sharing love and pain and at community level (village or world) it is sharing the burden and the privilege. Joy, ecstasy and comfort contribute to sense of being happy but these are not happiness in themselves. To a Caribbean lying on a white sandy beach under a palm tree could be pure joy. A young couple in loving embrace may experience ecstasy and there is comfort for elderly couples in sharing the same bed. Being happy is more than just being religious, having food and shelter or experiencing pleasure. It’s just not restricted to equal opportunity and justice and freedom from fear and aggression. It is attaining the moral height of accepting ownership and onus in equal proportion. It is respecting other’s space without having to fight for one’s right. It is the ability to appreciate the strength of the male and charm of the female ( law of nature ) and the protection of the weak (mother’s instinct) and principles of community co-existence ( sharing the burden and privilege ).

Unlike the fields of economics and science, happiness has no set formulae. It is a conciliatory effort that needs to be constantly energized at different levels and at various stages of life between persons, communities, races and nations to make possible for the rich and the poor, the strong and the weak to attain their level of satisfaction and harmony in life.

Pillars of happiness need to be grounded upon the field of reasonableness. Being reasonable is accepting what belongs to others to be theirs. Therefore it is not proper or decent to demand that the fruits of other’s labour (wealth) be distributed. Rather the call must be for sharing the burden and the privilege. The common desire must be to seek accommodation with and not domination over neighbour, race or nation.   

In co-existence of communities, lies group happiness and in family harmony, lies individual member happiness. At individual level my happiness must not be the root cause of your illness. And at international level, your national supremacy must not subjugate my national aspiration. Only then peace and harmony can prevail and thus provide the foundation of human happiness at world level. Thus the new development paradigm must be based on selfless investments and policies to promote national wellbeing and which fosters individual and community happiness for the present as well as for the future.

GDP and GNP still have relevance to individual and national pursuit of life but no longer in the pivotal way that had been defined in the earlier decades because we now know that wellbeing is one level above the economic comfort of food, shelter, health and education. Happiness cannot be defined but it can be felt and seen. If Bhutanese truly achieve happiness it will be noticed by others without the need of explanations and statistical measurement of dominant scales.

In the far future, when the Nations of the UN Family understand that their aspirations need to be in complementary with that of their fellow neighbours, the seed of happiness would germinate. And the Kingdom of Bhutan would then have truly contributed to the wellbeing of the human being. Until then the Bhutanese leaders, the assorted pool of international experts and UN Agencies need to keep juggling the dominos and weighing the dominant factors in search of the path to the illusive plateau of happiness even after the spring of 2014 that may see at the UN, a detailed and complete report on the new development paradigm.

                                                                                                                                             

A Kuensel –hyped Ugen Tsechup engineered Bhutan Times propaganda

The public of Bhutan have been the victim of an orchestrated smear campaign spear-headed by Kuensel to demonize me at the behest of Dasho Ugen Tsechup Dorji and his fellow accomplices. Now the Royal Securities Exchange has joined the bandwagon.

I did not want a judicial trial let alone a public media trial about the destruction of Bhutan Times Corporation Ltd. because it involves Dasho Ugen Tsechup Dorji, a royal uncle whom I should respect and keep away from. But the smear campaign has gone too far. I therefore lay the facts before the public to reach their own conclusions. Please take the time to go through the OAG charges submitted to the Court; my appeals to the King, the Prime Minister and the Chief Justice; my primary rebuttal of the OAG charges; the OAG appeal to the Court withdrawing its charges and thus the dismissal of the Case. 

The public must be awaiting a response from me after Kuensel has repeatedly published articles distorting facts and engaging in character assassination at the behest of the party of four headed by Dasho Ugen Tsechup Dorji. Well here is my response.

I was a Board Director representing the Minority Shareholders who own 17% of now defunct Bhutan Times Corporation Ltd. not a Cashier clerk who runs errands to Bank to withdraw cheques. How low Kuensel reporters stoop to serve Dasho Ugen Tsechup Dorji and shamelessly declare that I personally withdrew Nu: 3.5 million cash from the Bank.

First it was the Royal Bhutan Police, then the Office of Attorney General and now Kuensel and Royal Securities Exchange (RSEBL) out to demonize Wangcha Sangey and glorify Dasho Ugen Tsechup Dorji and his three accomplices. The judicial trial was over on 23^rd November, 2012 when the Royal Court of Justice dismissed the Case. Now a public trial has begun by the party of four in collusion with Kuensel reporters.

As I had submitted to the Office of Attorney General and the Royal Court of Justice, I would never want to be on the wrong side of the Royalty in Bhutan. But if pushed to the edge, I shall defend the dignity of a human being and the right of an honest, hardworking and responsible Bhutanese. And this I did in a Court of Law. The Attorney General realized that his Office was caught in the wrong footing and withdrew the charges based on my primary rebuttal. And the Thimphu Royal Court of Justice dismissed the case.

I understand that the legal arms of the government, the relevant executive agencies of the government and Kuensel and RSEBL’s rush to stand by Dasho Ugen Tsechup Dorji. No Bhutanese individual, law enforcement personnel, media personnel or bureaucrat would risk doing otherwise.  When the OAG filed the Court Case and the Bench I of Thimphu Royal Court of Justice gagged me, I appealed to His Majesty the King, His Excellency the Hon’ble Prime Minister and the Hon’ble Chief Justice of Bhutan. I did not seek for self help. I asked that the rule of law be permitted to operate. That the Chief of Royal Bhutan Police and the Attorney General of Bhutan need to be restrained from being henchmen of the rich and the socially well placed Dasho Ugen Tsechup Dorji. And the grievances of what-so-ever among Bhutanese citizens are allowed to be processed in a Court of Law, free of implied intimidation.

On behalf of Dasho Ugen Tsechup Dorji and his accomplices, the Office of Attorney General charged me of embezzlement and breach of trust based on self styled police investigation report. 

As required under the law, I submitted my defense (the primary rebuttal). I illustrated the absurdities of the charges against me and filed criminal charges against Dasho Ugen Tsechup Dorji and his 3 accomplices Tenzin Lekphell CEO of IMS, Dago Beda of Etho Metho group and Phub Zam of Yarkay group, based on irrefutable documentary evidences. I had to rely on documentary evidences because no Bhutanese would dare to come forward as witness. Moreover, two key witnesses had already been re-enrolled under the payment of the Party of four.

I submitted to the hon’ble Judge of Thimphu Royal Court of Justice that Judiciary of Bhutan could either deliver Justice or nail shut the coffin of Bhutan’s fragile democracy experience.

Most Bhutanese would be aware of the temporal clouts of Dasho Ugen Tsechup Dorji. I have no such resources. However, I have a deposit of personality merits. Through sheer diligence,      life-long discipline, honesty and personal integrity, I have carved a respectable place in the Bhutanese society. I am not a businessman and yet business society of the nation approached me publicly twice (in days gone by) to lead them. I obliged them the second time as Secretary General of Bhutan Chamber of Commerce and Industry. I am not a student of law but my legal opinions and intuitions are well regarded. I am not a student of political science but it was I who predicted in 1998 the coming of Democracy and in 2008 general election, I foresaw the impact of the educated voter influence. I am not a student of journalism but I was at one time a very successful Chairman cum CEO cum Chief Editor of a news Corporation. By profession I am a management expert in the field of tourism and hotels thanks to my 3 years undergraduate course in India and Japan where I learned the art and skills from professionals from the fields and professors at the Rikkyo University.

His Majesty the 3^rd King of Bhutan granted credence to my political opinion, His Majesty the 4^th King grants credence to my integrity and His Majesty the 5^th King comprehends my allegiance to the Tsa-Wa-Sum. I have earned the gracious regards of His Holiness the Jhe Khenpo, His Excellency the Prime Minister and His Lordship the Chief Justice of Bhutan based on my personal traits of straight forwardness and insights and my dedicated love for the Country, the People, the Kings and the Buddha Dharma.

In October, 2009, Bhutan Times Corporation Ltd. went bankrupt when it was managed by the Promoters Group and both the Chairman and CEO resigned as after effect. The Board begged me, the only, Minority Board Director to take over the management. I took the position of Chairman cum CEO and Chief Editor. And in 9 months (October 2009-June, 2010) I turned the Corporation around and made a profit of Nu: 8.5 million after meeting all operating and management expenses. I decided to leave after the Promoters who own 83% of the Corporation agreed to take over the Corporation and refund my family investment. The decision was made in the 3^rd AGM. The Shareholders at the AGM reached this decision after working out the details over 2 days of discussion (28^th and 29^th May, 2010). A legal document was executed and signed by all Shareholders at the AGM and witnessed by the AGM secretary, making the decision of the takeover legally binding.

Dasho Ugen Tsechup Dorji who is a major Promoter Shareholder took over the Chairmanship after me. He then deferred the implementation of the AGM decision. The deferment is illegal but one is powerless against such a force. However, between October, 2011 and March, 2012, Dasho Ugen Tsechup Dorji and his three Promoter accomplices, surreptitiously took over the two primary assets of the Corporation viz. 1. Bhutan Times Printing Press. 2. Bhutan Times Sunday Paper. Then the Party of four arbitrarily had shut down the Corporation on 31^st March, 2012. They sacked the M.D and all corporate employees with one month notice pay and divided among themselves the remaining assets including 3 vehicles and sold what they did not need to raise fund for their new venture. The hijacking of the Corporation was complete by March, 2012. Then two months later, on 31^st May, 2012, they convened a Board Meeting in the morning and an AGM in the afternoon and the Chairman declared that the Corporation had been shut down 2 months ago and the closing affairs were being managed by a stand-in management till 30^th June, 2012. It was 2 months too late to protest because the Party of four had wiped out the total structure of the Corporation.

For more than 25 days starting 1^st June, 2012, I poured over the records of the defunct Corporation in the one room office used by the stand-in Managing Director and his Deputy. It was clear that Dasho Ugen Tsechup Dorji and his 3 accomplices had formed a new Pvt. Company from the ashes of the Corporation they had burned down. True to their declarations recorded in the past Board Meetings “profit was not a priority”, and the Bhutan Times Sunday Paper must be made a, “political paper”, they had accomplished their goal under the guise of IMS management.

IMS and the people behind it have formed a political party registered as Druk Nyamrup Tshogpa. They have their political paper to voice their propaganda and a Printing Press to produce their campaign materials. However, I cannot be made to fund their political ambition.

I have been apolitical. I felt that it would be enough for a Bhutanese to exercise faith in the Blessings of the Deities, the grace of the Dharma and the wisdom of the Kings, to lead a peaceful quiet life. On that belief, my family did not cast vote in the first General Election. The 3^rd King was incredible and in the 4^th King we have the greatest visionary leader and as for the 5^th, His Majesty has in his royal veins the blood of both Wangchuck dynasty and the Shabdrung. Therefore, I have had genuine factual reasons to feel safe and secure for generations to come. But the antics of Dasho Ugen Tsechup Dorji and his hold over RBP, OAG, Kuensel and now RSEBL have cast doubts in my faith.

Dasho Ugen Tsechup Dorji, Tenzin Lekphell, Dago Beda and Phub Zam who represent the 41 original owners of Bhutan Times (Pvt.) company before it was floated as a public corporation, have re-taken over and made it a Private Company. The details are in my primary rebuttal to the Royal Court of Justice. Read it in the following posts. Bhutan Times Corporation Ltd. has been reverted back to its original status of Bhutan Times (Pvt.) company since 31^st March, 2012.

The investment of my family has been refunded as per the unanimous decision of Shareholders in the 3^rd AGM. Now they need to refund the investment of Nu: 4.06 million that belongs to the 250 Minority Shareholders who had bought the Shares when it was publicly floated. The defunct Corporation then must be de-registered as a public entity by the Company Registrar and automatically it will be delisted from the Stock Exchange.

At this juncture, it is necessary to question this recent public gimmick of Royal Securities Exchange to suspend trading of Bhutan Times Shares on the purported reason that my family investment of Nu: 2.7 million was refunded (as per the unanimous decision of the Shareholders in the AGM). Why was the Share trading not suspended in February, 2012, when the Nu: 4 million Share of Tenzin Rigden was taken over by the Corporation? Was the CEO of RSEBL on extraordinary leave then? And now is he joining the Druk Nyamrup Tshogpa and is demonizing Wangcha Sangey a required pre-requisite credential for him to earn a party ticket.

I repeat that I never wanted this issue to be a subject of public conjecture but this orchestrated demonization has crossed its limits. There is no need to demonize any character because it is said that the only way to deal with the Devil is to be a demon in nature. When devils take over, demons will sprout. I do not think that this nation should be heading in that direction. May the Triple Gyem save us!

OAG charges submitted to the Court on 5th October, 2012

My primary rebuttal of OAG charges submitted on 12th November, 2012

To

The Hon’ble Dasho Drangpon

Royal Court of Justice

Thimphu Dzongkhag                                                                                       Dated: 12 Nov. 2012

Your Honour,                                                                                      

Sub: The fabricated allegations of Attorney General

May it please Your Honour,

The Office of Attorney General has filed a case against me on behalf of Dasho Ugen Tsechup Dorji and Tenzin Lekphell under the Anti-Corruption Act 68(I) and 68 (II). I find the allegations, made in their petition dated 5/10/2012, most absurd.

I request the Royal Court of Justice to examine the validity of the Case filed, since the OAG is in breach of both Legal mandate and due procedural process.

A. I. The OAG is in breach of its mandate under OAG Act. It is supposed to represent the Government not private citizens.

II. The OAG filed a Case under Anti-Corruption Law without having it routed through the Anti-Corruption Commission. If RBP or OAG had deemed the Case to be of a corruption in nature, then they are required to follow the due process under established procedures that have been put in place by the Nation. The complaint of Dasho Ugen Tsechup Dorji and his colleague should have been re-directed to the Constitutional Body that deals with Corruption.

Both OAG and RBP know that it is not a Corruption Case. So the two Institutions did not involve Anti-Corruption Commission. Instead they colluded to fabricate the allegations and file a Court Case just to garner favour with the very influential Dasho Ugen Tsechup Dorji.

B. The OAG alleges that ‘without consulting anyone’, I had kept Nu: 27,94,698 out of the total sum of Nu: 35,00,000. The OAG’s use of the phrase ‘without consulting anyone’ is a breach of legal ethic by the highest Legal Agency of the Government. Therefore, it is an act of ‘perjury’ that warrants appropriate penalty from the Royal Court of Justice.

I firmly and unequivocally deny the allegations framed against me by the OAG in its petition dated 5^th Oct. 2012 submitted to the Royal Court of Justice, Thimphu. The baseless allegations and out of jurisdiction Case of OAG needs to be dealt with the contempt it deserves and dismissed.

As a response to this OAG fabricated allegation, I have this to say to the Attorney General in the words that he would comprehend because he had recently used the same to respond to Anti-Corruption Commission. There is no legal basis to pursue this matter through the Court because the facts of the Case do not correspond to the legal provision cited by the one who has become also the personal Attorney General of Dasho Ugen Tsechup Dorji, to attach criminal sanction.

The Attorney General seems to be in the habit of misusing his official post to garner favour with big shots. In doing so he does not seem to be mindful of the harm his action is causing to the sacred Royal Institution. For example:

For the 1^st time in public knowledge, he had rejected a Prosecution Case forwarded by the Anti-Corruption Commission. And this Case is about Gyalposhing Land allotment where recipients include Royal Family members, Prime Minister and Ministers as per ACC notification.

Before OAG rejected the Case, the general public may have been under the impression that the Land Allotment Committee favoured big shots. Now after the rejection of the Case forwarded by the Anti-Corruption Commission, the general public is made to think that the Attorney General is carrying out the orders of the big shots. So the Attorney General’s attempt to garner favours for his selfish personal gains has further maligned the Government and the sacred Royal Institution through no fault of theirs. This Land Allotment Case could have been managed in a far more publicly palatable way without maligning any party.  

Likewise, he has got his Office to file this Case on behalf of Dasho Ugen Tsechup Dorji in his pursuit to garner personal favour but in the process he is exposing real or imagined royal influence. He should have advised Dasho Ugen Tsechup Dorji to directly approach the Royal Court of Justice. That way any real or fictitious grievance could have been addressed by the Court without public display of any inference of Royal influence.

The Royal Bhutan Police has also over played its hand in accepting the complaint of Dasho Ugen Tsechup Dorji through a Jabmi and then forwarding it to OAG for prosecution to bolster Dasho Ugen Tsechup’s stand. I wish to bring two issues to the attention of the Royal Court.

a) An ordinary Bhutanese needs High Court approval to appoint a Jabmi.

b) There was an embezzlement Case at Bhutan National Bank in Gelephu by the two top Bank Executives there. The Superintendent of RBP in Gelephu was personally involved in arranging fund for the two top executives to reimburse the embezzled fund. Did the Royal Bhutan Police forward the Case to the OAG?

I feel that the Chief of Police and the Attorney General are misusing the two important law enforcement and legal arms under the system of national governance to make possible the persecution of innocent people by the rich and socially powerful elites without them putting in even a minute of their personal time or a Cheltrum of their money.

It is recorded in the Minutes of the Board Meetings that Dasho Ugen Tsechup Dorji wanted Bhutan Times to be a ‘Political Paper’ and his Promoter friends had stated that financial profit was not their priority. Now they have in their possession the ‘Political Paper’ for 2013 Elections and they have also in their possession the Printing Press to print out the propaganda materials they require for the campaign. What more do these people desire? There seems to be no end or limit to the greed of the rich and socially well placed people. Why do they need to trample over everybody?

Regardless of Dasho Ugen Tsechup’s influence and the willingness of RBP and OAG to be his henchmen, I cannot be made to fund their ambitions. It is most shameful and disgusting that in-spite of the overwhelming evidence that underscored the proper financial transaction carried out in the generally accepted corporate norms, the Chief of Police and Attorney General have made it their Institutions’ responsibility to fabricate wrong doing in order to take up the cudgel for Dasho Ugen Tsechup.

I hereby submit the facts regarding the payment of Nu: 27, 94,698.

The sum of Nu: 27,94,698 was sanctioned and paid by Mr. N.B. Ghalley the competent authority of Bhutan Times Ltd. to the S.K.Y. Family against the buyback of 27,399 Shares and refund of TDS. Mr. N.B. Ghalley was the competent authority managing the closing affairs of Bhutan Times Ltd. As per the decision of the Promoter Group, the then Managing Director Kaka Tshering handed over his responsibilities and charges to Mr. N.B. Ghalley in the 1^st week of June, 2012. Prior to that, on 23^rd March, 2012, the Promoter Group accepted the resignation of Kaka Tshering and conferred upon Mr. N.B.Ghalley, the Finance Officer,the responsibility of dealing with payments to Parties. Therefore Mr. N.B. Ghalley held both the managerial and the financial responsibilities of Bhutan Time Ltd. He was holding the position of the Stand-in Managing Director cum Finance Manager and managing the closing affairs of Bhutan Times Ltd.

The amount consisted of two payments: one was the face value of my family’s 27,399 Shares of Bhutan Times Ltd. at Nu: 100 per Share which comes to Nu: 27, 39,900. And the other was the refund of Nu: 54,798 that had been retained by the Management as TDS deduction from the 2008 dividend payment. However, the Management was not able to deposit this TDS amount with Revenue Department as it was required to do so. Thus my family had to pay the income tax on the dividend in 2009 when PIT was filed. Therefore that amount was due to us.

The payment of Nu: 27, 94,698 was made from the available cash amount of Nu: 35, 00,000. There is no other separate Account which could meet the required payment. It was decided in the 5^th AGM held on 31^st May,2012 that cash balance would be used on priority basis to meet the commitments and obligations made in AGMS, Board Meetings and dues of the Management ( reference serial no: 6(a) of the minutes of the 5^th AGM). And the balance of Nu: 7,05,302 from the Nu: 35,00,000 was deposited into the Checking Account of Bhutan Times Ltd. opened with Druk PNB, Thimphu. The issue as to how the cash of Nu: 35,00,000 came about is submitted in a separate statement attached to this response for the Royal Court’s kind reference, information and understanding.

Under the buyback arrangement approved by the 3^rd AGM of May, 2010, the original Share Certificates of my family was surrendered to the Bhutan Times Management and accepted by the Stand-in Managing Director cum Finance Manager. He then paid the face value of the Shares and also refunded the TDS amount. A formal receipt for the payments received by my family was also handed over to the Bhutan Times Management. The transaction was completely executed in line with generally accepted norms of the corporate financial procedures.

There is no question of any wrong doing let alone keeping a sum of Nu: 27,94,698 without consulting anyone as alleged by the Attorney General.

Mr. N.B. Ghalley was already familiar with the buyback arrangement of Shares by the Corporation. In February, 2012, the Management of Bhutan Times processed the buyback procedures of 40,000 Shares of Tenzin Rigden. He was paid by way of adjustment against the Nu: 4.5 Million cash dues of CICCC ( Citizens Initiatives for Coronation and Centenary Celebrations). He along with few prominent Promoters was responsible for the CICCC venture that caused huge losses for the Corporation. The face value of Tenzin Rigden’s 40,000 Shares is Nu: 4 Million and the due was Nu: 4.5 Million. So he benefited by Nu: 4,20,000 after taking into consideration his eligibility for the refund of TDS amount of Nu: 80,000.

The buyback arrangement of my family Shares and that of the Shares of Tenzin Rigden was discussed and approved during the 3^rd AGM of 28^th and 29^th May, 2010. However, for various reasons, the decision of 3^rd AGM could be implemented by the Management only in 2012.

The buyback of my family’s Shares was based on the takeover of Bhutan Times Ltd. by the Promoter Groups ( 2 groups) through bifurcation between them the two main parts that constituted Bhutan Times Corporation Ltd. The two parts are : (a) Bhutan Times Newspaper and (b) Bhutan Times Printing Press. The Serial No: 4 of the Minutes of the 3^rd AGM held on 28^th and 29^th May, 2010 provides full details of the bifurcation arrangement.

The Promoters had also executed an undertaking that legally binds them to the implementation of the bifurcation arrangement. My stand that my family being among Minority Shareholders would not join the Promoter Groups and instead have the Corporation buyback our Shares was accepted and endorsed in the AGM.

In June, 2010, Dasho Ugen Tsechup Dorji took over as the Chairman of Bhutan Times Ltd. He then deferred the implementation of the AGM approved bifurcation plan. AGM is the Supreme Body of a Corporation and both Board of Directors and the Management must adhere to the decisions and directives made in the AGM. Therefore, the deferment is not legitimate especially when there is already a legal undertaking executed by the Promoters to abide by the decision taken in the AGM on the matter of bifurcation. Even then because of his social position, it is necessary to be patient and swallow the bitter pills he dishes out.

However, by 1^st April, 2012, the Promoter Group under the leadership of Dasho Ugen Tsechup Dorji had taken over both the Bhutan Times Printing Press and the Bhutan Times Newspaper. They did not do it in a clean and legal way as decided in the 3^rd AGM but never the less they took over through mala-fide maneuvers.

The taking over of Bhutan Times Printing Press and Bhutan Times Newspaper.

The Bhutan Times Printing Press located at Jemina was leased to Mr. Kinga of Galing Press for a period of 10 years from 1^st June, 2008 to 1^st June, 2018. The annual lease fee was Nu: 2 Million. Dasho Ugen Tsechup Dorji and his Promoter Group colluded with Mr. Kinga to surreptitiously take over the Printing Press. They cancelled the Lease Agreement effective 1^st June, 2011 and then in December, 2011, the same Printing Press was sold to same Mr. Kinga at a ridiculously low price of Nu: 2.9 Million. And the building that housed the Printing Press was rented out to him at a monthly rent of Nu: 15 Thousand. No business person would agree to sell a property that had a guaranteed income of Nu: 2 Million a year for 10 years period for just Nu: 2.9 Million unless it involves under table dealing or serves an ulterior purpose. In other words, the Promoter Group in collusion with Mr. Kinga now possesses a Printing Press at a tiny fraction of its original cost. 

The Bhutan Time Newspaper has been hijacked by the same Promoter Group led by Dasho Ugen Tsechup Dorji. On 1^st April, 2012, the publication right of Bhutan Times Newspaper was transferred to IMS (Institute of Management Studies) which is owned by Tenzin Lekphell under an eye-wash Contract Agreement. IMS is a Management Institution not a Publishing House. Moreover IMS was refused a Newspaper Publishing License by the Ministry of Information and Communication a year back precisely because IMS is a Management Consulting Firm and had nothing to do with publishing business. IMS is just a front for the Promoter Group who actually now owns the Bhutan Times Newspaper.

The eye-wash Contract Agreement states that the contract is for one year. However since the Promoters have already destroyed the corporate and management structures of Bhutan Times Ltd., there is no way of reverting Bhutan Times Newspaper back to a non-existing Corporation.

The Board of Directors of Bhutan Times Ltd. comprise of 10 Directors of which nine are Promoters including the Chairman and I was the lone Director from among the Minority Shareholders. I had stopped attending the Board Meetings because the Promoters decide everything beforehand and use the Board Meeting to rubber stamp their decision. Towards the end of March 2012, Mr. Kaka Tshering the then Managing Director informed me over phone that the Promoters had decided to contract out the publishing of Bhutan Times Newspaper to their fellow Promoter Tenzin Lekphell who runs IMS. I told him that such critical decisions cannot be made by Promoters. It had to be discussed in a formal Board Meeting and then put up to the AGM. It seems Kaka Tshering conveyed my views to the Promoters. So they decided to pre-empt any objection I would raise especially in the AGM. They postponed the convening of the AGM which was proposed on 5^th April, 2012 according to the Minutes of the 17^th Board Meeting held on 6^th March, 2012. Instead they immediately closed down Bhutan Times Corporation and dismissed all employees on 1^st April, 2012 with one month pay in lieu of one month notice period. From the month of March itself, they had fixed the costs of Bhutan Times’ remaining Assets without involving the Managing Director or the Finance Manager and bought the same for themselves. Some of the Assets were divided among themselves without making any payments.

They are professional con-men who have developed professionalism in camouflaging illegal activities quite deceptively. They dismantled the Management structure of Bhutan Times Ltd., dismissed the employees, took over the Bhutan Times Printing Press under the guise of sale to Mr. Kinga and took over the banner product ‘Bhutan Times Newspaper’ under the guise of contracting its publication to IMS. All these unscrupulous acts were completed by 1^st April, 2012. Then on 31^st May, 2012, the Board of Directors Meeting was convened in the morning and the AGM in the afternoon. The Shareholders were informed that the Corporation had been closed down on 1^st April, 2012 due to stiff competition from the other Newspapers and financial losses. It was two months too late for anyone to reconstruct Bhutan Times Corporation. I had rebuilt Bhutan Times into a sound financial footing after it went bankrupt in September, 2009 but that time the organizational structure and the infrastructure assets were in place. It was also futile to exchange war of words. I told Dasho Ugen Tsechup Dorji that I was against the IMS deal. In response he told me that the deal was executed by other Promoters in his absence. And later when they informed him, he had to go along.

I knew I could retrieve my family investment in accordance with the decision made in the 3^rd AGM. However, it seemed that the Promoters had no intention to refund the investment made by other Minority Shareholders.  I decided to file a Case to make the Promoters refund at least the capital of the Minority Shareholders who, like my family, had bought the Shares of the Bhutan Times sold by the Promoters through floating of Public Shares.

I was able to collect most of the documents and also gain a clearer picture through informal discussions. However on 23^rd June, 2012, the Management produced a hard copy of the email correspondence of 20/03/2012 between Dasho Ugen Tsechup Dorji and Kaka Tshering. It confirmed that Dasho Ugen Tsechup Dorji was fully involved. Then and there I told the Management that I was surrendering my family Shares under the buyback arrangement and walking out from Bhutan Times for good. I wanted nothing further to do with any issues that related to old Bhutan Times and its Promoters.

Until this revelation, I was determined to file a Case as a Minority Shareholder Director on behalf of all Minority Shareholders and therefore I could not relinquish my family Shares as that would legally disqualify me as a Minority Board Director of Bhutan Times Ltd. But with Dasho Ugen Tsechup Dorji playing the central role for the Promoters, I just cannot file a Case against him. He is an uncle of our Nation’s most sacred Institution, His Majesty the King of Bhutan. Filing a Case against him could easily be misunderstood and misconstrued. And moreover in-spite of embracing democracy and independence of judiciary, no Bhutanese citizen, business entity or civil or legal agency would be prepared to take on Dasho Ugen Tsechup Dorji.

I never wanted nor still want to initiate a Court Case against Dasho Ugen Tsechup Dorji or any other person related to the Royal Family. My deep respects for the Royal Institution and the decorum ingrained in me by national culture and tradition,would never allow me to oppose real or imagined interests of such personalities.

In regards to the grievance of Dasho Ugen Tsechup Dorji and Tenzin Lekphell, I have this to submit to the Royal Court of Justice.

That a Bhutanese has the right to approach the Court to get his or her grievance addressed. And if the grievance is against me, I feel it is my duty and responsibility as a Bhutanese citizen to answer them in the Royal Court of Justice. But how can I be subjected to this blatant aggression carried out by the RBP and OAG on behalf of Dasho Ugen Tsechup Dorji? Will the Royal Court of Justice protect me from this aggression? The Chief of Police serves at the pleasure of the Supreme Commander of the Defense Forces of Bhutan, His Majesty the King and the Attorney General is answerable to the Hon’ble Prime Minister of Bhutan. Therefore, must I again appeal to the two National Institutions to rein-in their Appointees and permit private grievances to be settled in a Court of Law without blatant display of aggression and influence by the RBP and the OAG on behalf of Dasho Ugen Tsechup Dorji and his colleague? Under the prevailing situation, I have immense doubt whether any Court of Justice in Bhutan would be free of undue influence and stress to be able to dispense Justice in a fair manner.

If this Case filed by OAG on behalf of Dasho Ugen Tsechup Dorji and his colleague Tenzin Lekphell is not withdrawn or thrown out and I am forced to go through court proceedings then I have no option but to answer the demands of Court procedures in like manner.

Accordingly, I beg to seek the kind permission of the Royal Court of Justice to file Counter Charges against the criminally motivated Promoters of Bhutan Times Ltd. Dasho Ugen Tsechup Dorji the Chairman, Tenzin Lekphell, Dago Beda and Phub Zam the Promoter Directors who actively engineered and engaged in the activities of corporate crimes listed below:

1.      They have knowingly and willfully deceived the Shareholders and betrayed their trust, the trust with which the company was built in the first place. Informing the Shareholders only after two months of dismantling of the Corporation was a calculated move with intent to deceive and thwart any attempts to foil their takeover plans. What they have done is a breach of public trust. They should be charged for corporate deception and manipulation which has led to the collapse of the only fully publicly owned media organization in Bhutan.

2.      Against my vehement objection and pleadings, the Promoters pushed through the deal for Bhutan Times Ltd. to partner in CICCC in 2008 that caused more than a crore ngultrum loss. The Managing Director Tenzin Rigden had to forfeit his Nu: 40 Lakhs Share value because of this folly. Therefore, the Promoter Directors must also forfeit equal amount because they supported wholeheartedly the same venture with him.  Only I, as a Minority Shareholder Director, vehemently opposed the venture but I was out voted. Dasho Ugen Tsechup himself has confirmed to the Shareholders during the 5^th AGM that the CICCC venture ruined the company and that the then Managing Director Tenzin Rigden and Promoters were responsible for the debacle of the Corporation. A part of his address to the AGM is quoted herein:

1(c) “The other major setback for Bhutan Times was its forced participation in the CICCC by MD Mr. Tenzin Rigden who managed to convince some Promoters.”

3.      The Bhutan Times Printing Press at Jemina was leased to Mr. Kinga of Galing Press for a period of 10 years from 1^st June, 2009 to 1^st June, 2018 at an annual lease rent of Nu: 2 Million. The Promoters first cancelled the Lease Agreement as of 1^st June, 2011 at the request of Mr. Kinga and then again sold the Printing Press to him for only Nu: 2.9 Million in December, 2011. That was the over the table price. What could have been under the table price? Dasho Ugen Tsechup and those Promoters must make good the losses that the Company suffered because of this shameful price fixing. How can a Printing Press that was leased out for Nu: 2 Million a year for a period of 10 years be sold for only Nu: 2.9 Million to the same person? It is an act of criminal daylight robbery and under table dealing. They had to have pocketed the difference or it was just a fictitious sale to gain ownership for them.

4.      Dasho Ugen Tsechup, Dago Beda, Tenzin Lekphell and Phub Zam engineered the coup that resulted in IMS not only taking over ‘Bhutan Times Newspaper’ but also all its related production system free of any cost. There was no formal Board of Directors Meeting to discuss the issue nor was the approval of AGM sought. The available record clearly shows that the Chairman and the Promoter Directors were involved in the heist to satisfy their greed for money and power. It is a criminal act of blatant robbery and total breach of trust by the Chairman and the Promoter Directors of the Corporation.

5.      The Promoters fixed the rates of the assets of the Corporation and then bought those items themselves. The Managing Director and the Finance Manager of the Corporation were not involved in the evaluation of the Assets. Only socially powerful people like them are able to indulge in such corporate crimes with impunity.

6.      In contracting out the publication of ‘Bhutan Times Newspaper’ to IMS, they have engaged in Business Fronting which is illegal as per Trade and Industry Regulation.

7.      They have also breached the BICMA Regulation by contracting out the publishing of ‘Bhutan Times Newspaper’ to IMS which is not a publishing house. It is a Management Consultancy Firm. In fact IMS was denied Publishing License by the Government for these very reasons.

8.      They must also refund the investment of other Minority Shareholders to the tune of Nu: 4.06 Million because the Promoters have taken over all the assets of the Corporation.

9.      According to the financial report of the Finance Manager, the decisions of the Promoter Directors are solely responsible for the loss of Nu: 4.2 Million for the year 2011. Therefore they have to be held liable for the losses.

They have shamelessly flouted their social and money power and have recklessly caused the disintegration of a very prominent Corporation. They must be made accountable for the lost investments, lack of corporate ethic and for breaching trust of Shareholders and transgressing all corporate norms and laws governing the licensing and business operation of a Corporation. They have to be held responsible for the loss of the capital investment as well as the yearly profits that a Corporation normally makes.

I humbly and very earnestly beg the Royal Court of Justice to please review their criminal activities under the Penal Codes 265, 267, 287, 512 and  Civil and Criminal procedure code 108 and 108 (I). And in addition, order them to restitute under Penal Code 46 the following financial losses of the Corporation inflicted by them.    

        

1. The Promoters share of CICCC financial losses suffered by

the Bhutan Times Ltd.                                                                                     Nu: 45,00,000

2. The Financial loss from cancellation of Lease Agreement of

the Printing Press for the period covering 1^st June,

 2011 – to – 1^st June, 2018 ( 20,00,000 X 7 years = 1,40,00,000 )

less Nu: 29, 00, 000 sale proceeds of Printing Press.                                     Nu: 1,11,00,000          

3. Refund of capital to other Minority Shareholders since the

Promoters have taken over all the assets of Bhutan Times Ltd.                       Nu: 40,60,000

4. Compensation for deliberately causing losses for the year 2011

as reported by the Finance Manager in the 18^th Board Meeting.                      Nu: 42,13,465

                                                                                                           

The total sum of Nu: 45, 00,000 + Nu: 1, 11, 00,000 + Nu: 42, 13,465 = Nu: 1, 98, 13,465 should have been the profit of the Corporation. My Family is entitled to 6.84% of this profit which comes to Nu: 13, 55, 241. The other Minority Shareholders is entitled to 10.16% of the profit which comes to Nu: 20, 13,048. The sum of Nu: 40,60,000 represents the investment made by the other Minority Shareholders who had been left high and dry after the Promoters hijacked the Corporation and, therefore, the same must be refunded to them.

Most respectfully and humbly, I beg to submit the above submissions to the Royal Court of Justice in response to the allegations filed by the Attorney General on behalf of Dasho Ugen Tsechup Dorji and his business colleagues.

I beg to remain

Most Respectfully

       

      Sd/-          

( Sangey  )

Jushina Village, Thimphu.Tel. No: (02) 322126 / 17667003 .