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PDP refutes OAG justification on legality of tobacco outlets


Aug 7, 2020

PDP not convinced by OAG justification

In response to the government’s interpretation of the constitution and the rule of law through the Office of the Attorney General on the facilitation of import of tobacco and tobacco products, the People’s Democratic Party in its press release today stated that the government has not declared an emergency as of now and so no laws can be overruled until amended and not all fundamental rights can be suspended.

As per the PDP press release, this applies even during an emergency. While the state can impose certain restrictions on fundamental rights of the Constitution, it can only do so by law and not through executive orders or circulars. The Office of the Attorney General during an interview with BBS yesterday said, the facilitation of import of tobacco and tobacco products in the present situation is lawful as it is an interim measure at the time of the pandemic. The Attorney General said, there is no need for any urgent parliament session or amendment at this time.

Speaking to BBS today, PDP member and former health minister, Tandin Wangchuk said Bhutan does not have emergency laws although there is a provision on emergency under the Constitution. So, the concurrence of parliament is essential if such measures have the potential to violate any laws made by the parliament.

PDP refutes OAG justification on legality of tobacco outlets

PDP not convinced by OAG justificationIn response to the government's interpretation of the constitution and the rule of law through the Office of the Attorney General on the facilitation of import of tobacco and tobacco products, the People's Democratic Party in its press release today stated that the government has not declared an emergency as of now and so no laws can be overruled until amended and not all fundamental rights can be suspended.As per the PDP press release, this applies even during an emergency. While the state can impose certain restrictions on fundamental rights of the Constitution, it can only do so by law and not through executive orders or circulars. The Office of the Attorney General during an interview with BBS yesterday said, the facilitation of import of tobacco and tobacco products in the present situation is lawful as it is an interim measure at the time of the pandemic. The Attorney General said, there is no need for any urgent parliament session or amendment at this time.Speaking to BBS today, PDP member and former health minister, Tandin Wangchuk said Bhutan does not have emergency laws although there is a provision on emergency under the Constitution. So, the concurrence of parliament is essential if such measures have the potential to violate any laws made by the parliament.

Posted by BBS on Friday, August 7, 2020

Sonam Pem

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