High Court does not accept Constitutional Case of Damphu building owner

The High Court, this week, dismissed the Constitutional Case filed over  Freedom of Religion by Damphu building owner Rajen Tamang.

Rajen had requested the Court to allow religious gatherings in his karaoke on the basis of freedom of religion.

The Tsirang Dzongkhag and Municipality under the Dzongda had cut water and power to the building on 15th and 28th October respectively after they said that Rajen was violating his occupancy certificate of the Karaoke by having religious gatherings on Sundays.

The Tsirang Dzongkhag Court on 3rd December asked the Dzongkhag to reconnect the power and water as it was inconveniencing the whole building’s tenants and residents. The reconnection was done.

Court proceedings are going on in the Tsirang court after Rajen filed a case over the disconnected water and power supply, compensation for the damage caused like waived rent and other expenses and a Nu 100,000 fine over a wall.

The Dzongkhag Court had asked Rajen to approach the High Court over any constitutional matter.

The High Court order says that Rajen had asked for his karaoke in the basement to be used for religious gatherings. The Court said that they examined the Local Government Act 2009, Local Government Amendment Act 2014, Bhutan Municipal Act 1999 and Bhutan Building Regulation 2018.

The Court said that based on the above ,the Dzongkhag Administration has issued an occupancy certificate for the particular Karaoke Hall to be used only as a karaoke hall, and so there is no grounds of appeal.

The Court citing section 32.1 (c) of the Civil and Criminal Procedure Code dismissed the case.

The section says, ‘During the Miscellaneous Hearing, the Court shall give written reasons, if the petition of a party is dismissed.’

In the latest Dzongkhag Court proceeding, the Dzongkhag requested the Court to not allow any gatherings in the whole building until the case is decided.

The Court told the Dzongkhag that the Karaoke is already closed for now, and it cannot apply such an order on the whole building.