The Supreme Court conducted the preliminary hearing of the Trongsa land case today. The former Trongsa Dzongda Lhab Dorji, his wife Karma Tshethrim Dema, former Dragteng Gup Tenzin and former land surveyor Narayan Dangal appealed to the Supreme Court against the High Court’s judgment in August. Two of the appellants presented their grounds of appeal to the Supreme Court today.
The lawyers of two appellants, former Dzongda Lhab Dorji and his wife Karma Tshethrim Dema, submitted four grounds of appeal. The grounds included ACC lacking locus standi or capacity to prosecute the case, denying the appellants a fair trial, them being not guilty of any charges and need for compensation.
The lawyers said the ACC’s role is to investigate while the OAG’s is to prosecute. But even after OAG dropped the case for finding no merit, the lawyers said the ACC accused the OAG of manipulation and filed the case before the Trongsa district court.
The lawyers further added that the ACC’s prosecution violates the constitution.
The other ground includes the appellants being denied a fair trial. The lawyers said the ACC’s commissioner along with several officers came to register the case at the district court, which was out of the normal.
As per the lawyers, the judges might have also succumbed to the ACC’s pressure although the judges ought not to.
Meanwhile, the lawyers also said the district court repeatedly gave the ACC three rounds of evidence opining. They said that if the court was dissatisfied with the insufficiency of the ACC’s evidence, the court should have instead dismissed the charges against the appellants.
Moreover, they said the critical witnesses were also not called by the court despite the appellants’ request.
The lawyers said the appellants are also not guilty of all charges.
According to the lawyers, appellant Karma Tshethrim Dema bought the land under Dragteng Gewog from three individuals – Yangchen, Sonam Choden and late Lhaden. However, the land transaction of late Lhaden was dealt by her daughter Gyalmo.
The lawyers said the 2.77-acre land which was bought from Yangchen and Sonam Choden, who are sisters, was later acquired by the government for the relocation of the Taktse College.
And a land substitute was given to the appellant, Karma Tshethrim Dema, from Nubi Gewog, where she constructed a resort.
However, the lawyer said she is yet to get land substitute for Gyalmo’s land which was also acquired by the government.
The lawyers said the appellant bought the lands with proper sale deeds and documents.
The lawyers also submitted that the appellants should get compensation for the damage to the appellant’s resort and her plans to sell it which was disrupted by the case.
The ACC knew about the case in 2011 after Gyalmo complained to the commission. She had denied selling her land in Taktse to Karma Tshethrim Dema.
The Supreme Court will conduct the hearing of the other two appellants next week.
Kinley Dem/Tshering Zam
Edited by Yeshi Gyaltshen
