The Finance Minister Lyonpo Namgay Dorji said that the finance ministry has no option but to allow the Department of National Properties (DNP) to auction nine units of Tandin Bidha’s building following a Supreme Court order.
“There is a separation of powers and the government has to follow the order of the Supreme Court,” said the minister.
Lyonpo, however, said that since this is the first time such a court order is being issued there would be due diligence done on how to go about it, especially since the court has not specified when to auction the property. The minister said that precedence was being set and so it is important to do it properly.
The court order to DNP has again led to controversy as the final verdict had asked Nu 18 mn to be paid in cash to Ap Sonam Phuntsho or that Tandin Bidha’s nine units with its loan on the nine units be transferred to Ap SP.
Dr Shacha Wangmo and her mother Tandin Bidha had said that though they were willing to give up the nine units with the loan on it the court had still given the auction order. They thus alleged that the Supreme Court had in effect changed the verdict. The Bhutan National Bank (BNB) which has an earlier loan on the property also appealed saying that they should be the first to receive any payment.
The Supreme Court order has not specified who would get the money first though a court official indicated Ap Sp as the first preference.
The Supreme Court said that though there are two options given to Tandin Bidha in the judgment, it is understood that if Ap SP does not want the nine units and the loan then the court cannot force him to take it since the court has already recognized that he is owed Nu 18 mn. The court said that though the final judgment does not mention auction explicitly, the court has the option to settle the issue by auctioning off the nine units.
The court also said that it would not be changing it’s decision as it is based on the final verdict.
The court said that the missing sister Sonam Wangmo should come forward and deny if she is innocent.
Meanwhile Dr Shacha said, “Private loan is given more importance then the institutional loan and the Supreme Court can change the verdict as many times as they want to make someone happy,” alleged Dr Shacha.
She said that DNP is being involved even though the Finance minister submitted to the National Assembly stating that DNP is not going to deal with private property.
On the auction Dr Shacha said, “Complying with the second time verdict from the Supreme Court, we are ready to surrender the 4 floors consisting of nine units. We are just going to see who gets preference over the money – BNB or Ap Sp. We have no hope from the Supreme Court . Depending on their further decisions we are left with no option but to appeal to The Gyalpoi Zimpon.”