The High Court conducted the show cause hearing on the writ of mandamus petition filed against the PDP government by the Druk Nyamrup Tshogpa (DNT) for the alleged illegal and unconstitutional implementation of the tax alteration.
The show cause hearing was conducted by seven judges on September 25. At the show cause hearing the DNT recapitulated that the present government has violated the constitution and other laws like the Public Finance Act of Bhutan 2012 by giving tax holidays or Fiscal Incentives without following the due processes of the law of the country.
The DNT says as a registered political party, the constitution allows it to submit such a petition. The party stated that the fiscal incentives have benefited only a few and not everyone as it should have. It said development activities in the country should benefit all sections of the society equally.
The DNT also requested the judiciary for a writ against violation of constitution by the present government. The party stressed that it is not doing this for political gains but fulfilling its responsibilities as per the constitution.
DNT added that it is important to intervene when a government engages in an unconstitutional act. The party said that it is such unlawful practices, must be nipped in the bud.
If not, the future governments might follow suit, which may lead to political parties being placed above the constitution.
The Attorney General said the case has no legal standing and questioned the legal authority of the DNT to file the petition. He mentioned that the matter is already in the Supreme Court and therefore it is sub judice.
The Office of the Attorney General will submit its response on October 25. The hearings will then decide the merit of the petition based on which the court will decided whether to accept the petition or not.