The Larger Bench of the High Court is dissolved with immediate effect as per the internal order issued by the Chief Justice of Bhutan yesterday. According to the Supreme Court, there was a delay in justice and obstructions for the litigants while having the Larger Bench. Hence, if the Litigants are dissatisfied with the judgment passed by the High Court, they will have to directly appeal to the Supreme Court from today.
As per the Civil and Criminal Procedure Code of Bhutan, the structure of the court shall be Supreme Court, High Court, Dzongkhag Courts and Dungkhag Courts. However, the Larger Bench of the High Court was established during the term of the former Chief Justice.
According to the Supreme Court, the establishment of the Larger Bench was derived from the idea of the “Yong-Thri” or the full bench, which was present earlier when there was no Supreme Court.
“The Larger Bench of the High Court was established when there was no Supreme Court in line with the Yong-Thri of the High Court. That is more or less an appeal from the High Court. But now the Supreme Court established, the Larger Bench of the High Court has become redundant,” said Gembo Dorji, the Registrar General at the Supreme Court.
He added that in most of the cases, there is not much alteration in the judgment passed by the High Court and Larger Bench of the High Court. However, litigants appealing to the Larger Bench has delayed other hearings in the High Court.
“Judges of the High Court not only have to deal with their case assigned to them but they also have to sit together except the judge who has dealt with the first appeal case. When they have to sit for both the Larger Bench and as well as for their individual bench, the case takes time. Thus, it only cost the litigants and it only delays and serves as a constriction or obstacle to justice, surpassing the benefit and advantage to the litigants.”
For now, there are about 400 cases in the Larger Bench. As per the order, the hearings of the pending cases will be expedited.
Tshering Zam
