Big fishes back in the river?

This is in reply to the OAG’s decision on the “Gyelpozhing” Land case/scam recently covered in the newspapers. The majority of our people are not satisfied with the OAG’s decision. We think and in fact feel this decision is unfair for the reasons stated thus.

Firstly OAG is the Legal Arm of the Government only, known even to the our farmers working in remote places. Then naturally, the OAG ‘cannot be expected to prosecute or charge sheet the Government.’ His Majesty the Druk Gyalpo has stressed on the vibrancy of Democracy in our Nation State. So, a young democracy like ours must learn from these incidents and allow the due process of law to take place.

Secondly, the committee members that came out with the decision were only five and they were all lawyers with no other valid representatives. The committee members should have been made up of not only lawyers but also others like a representative from the Land Commission and at least one of the representatives from the aggrieved party whose land has been affected. There is definitely “Public dismay” over the Office of the Attorney General’s report as written in numerous newspapers.

Another point is that the OAG made this decision within just fifteen days while the ACC took more than a year to investigate into the matter as reported in various media outlets. Therefore speculation is rife amongst our populace questioning the ‘transparency’ of the OAG and how it will impact the “Gyelpozhing” Land Case/Scam. It definitely is not the end.

Section 128(3) of the Anti-Corruption Act says the ACC “can carry out its own prosecution or take over the prosecution from the OAG if its case is delayed without a valid reason, manipulated or hampered by interference”. Which means the ACC reserves the right and authority to proceed with the case and move Court if the ACC feels the OAG’s decision has been “manipulated or hampered by interference”.

Therefore, the truly aggrieved people are waiting for the ACC and the final outcome for our poor brethren is being affected by the unfair decisions which the general public well knows.

His Majesty our fourth Druk Gyalpo established the “Anti Corruption Commission” for the benefit of all and also to ensure that people refrain from corruption. His Majesty the present Druk Gyalpo, our beloved People’s King reiterates from time to time that we can’t tolerate corruption at all in our Nation. Therefore, it is now up to the ACC to find out the ultimate truth and do justice to our poor brethrens bereft of their Lands.

We urge the ACC to give their best as they have been doing so far as one of the constitutional bodies. We the people of Bhutan and especially the aggrieved lot are awaiting justice from the ACC at the earliest by following their own mandates and laws.

 

Dr. Thinley Norbu

Email: drnobut20118@gmail.com

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23 comments

  1. It’s time for the AG to take off his OAG mask and show the real DPT face behind. It’s time to claim your berth for the 2013!

  2. 1. This is not a case against Government. Rather, it is a case against individuals/committee who made decisions way back in late 90s. So, your argument that OAG is legal arm of Government and it cannot prosecute government doesn’t hold water. One cannot accuse other (OAG) based on assumptions and presumptions unless you have concrete evidence wherein PM or other influential people accused in this case has directed OAG not to do their job or intimidated OAG in any way. 
    2. With regard to OAG decision within short span of time by five lawyers, this is not a rocket science that will need years for lawyers to make decision. For ACC, they need more time because they need to ask/enquire every individual (more than 100 people) accused or involved in this case. Moreover, they need to make site visits, check old files etc. But, for OAG to review and to give their opinion, it need not have to take more time like ACC. If this case goes to court, probably, court may take even lesser time than OAG to give their verdict. Here, again, u will accuse court for taking very short time in coming to their decision.

    Moreover, this is just “opinion” of OAG and, anyone can interpret law in whatever way one wants. Thus, ACC have their interpretation and similarly, OAG have their own interpretation. Probably, many other individuals may have their own interpretations. Ultimately, it is Court, who has final say in interpreting laws. So, nothing wrong in OAG interpreting differently from ACC and at this point of time, we can neither say ACC or OAG is right. One can believe whichever one wants to believe

    3. On ACC to take this case to court, yes, I agree with you that ACC or any individual who are not happy should file case to court of law and get the verdict. This will certainly help to clear the air. Whoever is guilty should be punished.

    4. When one wants to charge someone in the court of law, one should charge based on acts and law broken by committee or individual. OAG has clearly stated why committee or individual has not broken the specific law other than minor administrative lapses with reference prevailing laws and acts at that time. Now, when we counter argue, one should argue how and why OAG is wrong with reference to certain clause or section of law. We cannot argue based on presumptions that this person or institution might have influenced this or that person/institution etc.

    The other general comment is, if one digs or investigates old cases like this, I am sure one will find thousands of cases whose crime might be more heinous than this. Those days, there were no proper check and balance system, no proper procedure and systems, and more importantly people in positions had so much power. Now the question is, whether one should dig every old case and make issue out of it and get bogged down with it or move forward and correct the existing system, and make better future. I certainly don’t have right answer for this question

  3. GIVE NO HAPINESS GOT NO HAPPINESS

    GIVE NO HAPINESS by rich and influential people,  GOT NO HAPPINESS by poor people, is what GNH stands for in our country.

  4. A FAITHFUL DOG WILL NEVER BITE HIS MASTER.
    OAG AT THE MOMENT IS HAND TIED AS THE AG HAS TO REPORT TO PM. HOW CAN HE AND HIS OFFICE GO AGAINST HIS OWN BOSS. IN GYELPOSHING’S CASE PEOPLE SHOULD NOT BLAME OAG FOR THEIR STATEMENT. ATLEAST MOST KNEW THAT THE DOG WILL NEVER BITE HIS MASTER.
    INSTEAD BLAME OUR SET UP. OAG OFFICE SHOULD HAVE BEEN LIKE ACC AND RAA, INDEPENDENT AND CONSTITUTIONAL OFFICE AND NOT UNDER GOVERNMENT.

    CHANGE THE SET UP

  5. What ACC got is rebuttal from OAG and wonder if that is what a Government prosecutor is supposed to do. .

  6. Motor Bike Rider

    As per my knowledge, why OAG is involved into this case, since this is not a government case, rather ACC should investigate it…..OAG is only responsible for government body…..

  7. We have time on the side of people who lost the land. This unlawful judgement will be superseded with the time; and those who were party to the present judgment will see te truth.

  8. The story will end here because the systems has been designed like that. So, whom to blame. I guess ” all Bhutanese” for this blunder. As some one for OAG said, lets correct the mistakes in the system meaning that AG of the OAG should not be nominated by HPM. It should be the system that nominates the AG. 

  9. “SHE” should resign from OAG head.

  10. jigme phuntsho

    nice job

    • Gyelpoizhing land scam is a Peanut case from my point of view. I don’t care who does what with whom i.e. ACC has done their job and OAG has done his part. ACC can take back the case from OAG and prosecute with the court of Law. Afterall there are 101 such cases which may surface and both ACC and OAG will not be able to handle at the cost of the national exchequer, which will be a futile excercise at the end of the day.
      What I am most interested in as of today is that Bhutan Lottery Scam is one SCAM that I will not be satisfied without being probed from A-Z and all the people involved therein are punished. The Govt. rather than reviewing for reforms it chose to abolish the very existence of the Lottery Dept. under the MoF since they knew that they will be subject to hasstles from CBI questioning as all the people involved in this scam are non but their own people. Besides the peole of the Directorate of Lottery who have to be punished for what they have done there are others who are ex-Directors of Customs and revnues, Finance Secretaries, Finance Ministers and a few more who had been the sole beneficiaries. If there is no proper investigation into this Scam by ACC and the culprits are not brought to justice, this could jeopardise everything in this land of GNH.

  11. Do u think ACC can really prosecute those people when there is no legal basis to do so? Can a murder be considered crime when there is no law which specifies murder as crime? Similarly can a forgery and deceptive practices considered be crime when there is no specific section in Thrimzhung Chenmo on this charges? can a selling of government land be considered illegal when the land act 1979 is silent on it. And lastly can Dr. Thinley Norbu be punished under Tobacco Control Act 2010 when you were caught with tobbacco product in 1999. Think as a logical or reasonable. or atleast think if you are MAN!!

  12. This land grab cases should decide whether DPT whether this government has live by its slogan of “equity and justice” or not. This case is very crucial to the Bhutanese voters that the other political parties should give topmost priority to make sure that we set precedence for good politics in Bhutan.

  13. Politicians will say anything to fool us. We voted thinking equity and justice would be upheld, and now we know they are just hollow words. Problem is the so called leaders and doers are all caught up in the same net if the net is to be pulled, and so the net must be freed for the big fishes, medium and the smaller ones to swim away.

  14. This land grab issue is very and it is now revealed a total scam. DPT’s Equity with Justice is a mere slogan and in practice, it is only in the dustbin now. 

    This handling by OAG clearly reflects the double standard for the elites in Bhutan. HM who is the supreme guardian of Bhutan and its public may have to intervene for the rule of law and justice to prevail. 

    If nothing is being done, still these individuals will have to face the law of karma and dieties of Bhutan.

  15. I think even persons who are there in OAG will also be responsible and answerable to law. And should be charged with miss use of power if otherwise.

  16. Generally Most Bhutanese Leaders gives their lectures and utter famous words in every special ocasssion viz.Tsawa  Sum,Thadamtsi,Ley Ju Drebu,Shatsha Hingtsha,Chicho Gangcho,Panam Gi Tholay,Gyalwong Gaki Penzom  Drub Ra Drubdo,Miwa Gyalpo Yabsey Sum Ku Dang Drimalay Tan,Ngachi Gyalkhab Lu Yi Chi Se Tawa Zangpo Gyalwong Gaki Penzom,Mangul Bom Doram Thop do,Gyalkhab Ngar lay Lhab Bay Ding Ding Zhoni,Zhesay kalpa mapo Bardu Gaki Ngag Chu Chi ,Samdhen Rewa Drubchuchi,Ulfong Kangnal Saney,Bang Mi Ser Gi Kidu Dang Raydhan Drub Ra Drubdo,Ngachi Nangba Sangay Dang  Choedun Gi Gyalkhab,Dranam Drangdan,Jampa dang Tsewa Yod,Mangtsho Ringlug Ding Ding Dzodo and Wangtshay Chiphel.Those words are really inspiring and keep vibrating to the ears of  all the people of Bhutan and will echo in the future also.Will public digest and take into the hearts /minds for the deep analysis of words whether it is in line with action or paper.Only time will tell and  we needs to learn  to perform in ground reality.

  17. It’s the time to bell the Big Cats…………………..

  18. “Truth is always on the scaffold; Error always seeks the throne.” Keep it up ACC …………Your hard and honest work for the poor people of Bhutan. We no more in need of such people who forgive themselves and talk justice of others……………..
    We pray this time these big fishes can not break the net……………..and escape………………
    Bhutanese it is high time to awake from the sleep……………………Bhutanese democracy is for the Government and not for the people……………….sooooooooooooooo farrrrrrrrrrrr.

  19. G N H is Give Nice Harrassment but Give Not Happiness to its people…………nothing more than that……………GNH ……Government Not Happy with ACC’s hard work to arrest the high profile corruptions………..cases………….

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