HM issues Royal Kasho to form Royal Commission to institute Supreme Court

 

-->Photo courtesy: Kuensel issue 21 Nov 2009

Yesterday, Kuensel reported that  “The high court might be left with only a single judge by January 2010 to settle appeal cases that now number more than 100”. The report further
stated that Chief Justice Lyonpo Sonam Tobgye superannuated on November 14 this year and the two of the three high court Drangpons, Drangpon Jigme Zangpo  and Sither Namgyel  will also be superannuated by the end of December 2009.

The editorial of the Kuensel further added that “Even though the absence of a Supreme Court may be a clear indication that our transition to a democratic form of governance is incomplete, there are some more pressing issues confronting the Bhutanese judiciary”. The editorial column stated that there is literally going to be no one to warm the three benches of the High Court.

This has brought concerns to the many litigants whose cases are still pending, some as long as year. It has also brought a concern for the nation as a whole. In absence of a high court and a supreme court, with more and more political crisis though diplomatic between the houses in the parliament and the other autonomous bodies on the issues of constitutional and unconstitutional, the want of Supreme Court was in dire need.

Today, His Majesty the king brought relief to this concern by issuing the Royal Decree to form the first Supreme Court. BBS reports state that “The Kasho brings into immediate effect a royal commission which will recommend one person for the post of the Chief Justice of the Supreme Court”.  The report further revealed that in the absence of a National Judicial Commission, as mandated by Article 21 section 17 of the Constitution makes it necessary to institute a special method for the formation of the first Supreme Court.

The Kasho stated that “Therefore, a Royal Commission comprising of the following members shall be formed with immediate effect.

1. Dasho Kunzang Wangdi, Chief Election Commissioner
2. Dasho Neten Zangmo, Chairperson, Anti-Corruption Commission
3. Ugyen Chewang, Auditor General, Royal Audit Authority
4. Tshering Wangchuk, Drangpon, High Court
5. Rinzin Penjor, Attorney General
6. Ugyen Wangdi, MP, Chairman, Legislative Committee, National Assembly

The Commission shall recommend, at the earliest, one person to assume the post of Chief Justice of the Supreme Court. Thereafter, the newly appointed Chief Justice shall chair the Commission and work to establish the first Supreme Court of Bhutan.”

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