The Office of the Attorney General (OAG) has requested the High Court to immediately dismiss Druk Nyamrup Tshogpa’s petition of mandamus writ. The OAG, representing the government, submitted its rebuttal yesterday.
The OAG reasoned that the case is under sub judice and also, Druk Nyamrup Tshogpa has no legal standing to file the petition. Moreover, the government, it said, has addressed fiscal incentives granting powers in perpetuity.
They said the government has petitioned His Majesty the King on 16th August for consideration to invoke article 21, section 8 of the constitution to obtain opinion of the Supreme Court on the issues of fiscal incentives granted till May this year by both the present and previous governments. The subject, therefore, is a matter sub judice as far as due process of law is concerned.
On the DNT not having a legal basis to file the petition, the OAG said the party appears to represent a fictitious class of its own making and is neither a victim of direct injury nor represents a class of injured members.
The government representative also argued that the DNT cannot replicate or take function of the Opposition Party because only the ruling and Opposition parties enjoy the legitimacy of accountability to the people.
The OAG also clarified that the government believes the granting of fiscal incentives is neither unconstitutional nor illegal as it is granted strictly as per the standing provision of the applicable laws. The office added both the previous or present governments granted fiscal incentives to boost economic growth.
On the other hand, the DNT verbally justified the party is a legally registered party with the election commission and holds a standing to file the petition. Also, they have a concrete case as the government has violated the constitution and other laws.
On the impact, the DNT argued that granting of fiscal incentives will affect the nation’s consolidated fund and meeting recurrent expenditures from internal resources will be a challenge.
The court will decide after thoroughly verifying the relevant legal provisions. One of the judges said, the proceedings will not be prolonged since the next election and parliament session are approaching.
