The High Court temporarily suspended the order issued by the Anti-Corruption Commission (ACC) suspending the National Assembly Speaker and the Home and Cultural Affairs Minister. This comes after the office of Attorney General filed a petition to the High Court stating that the ACC does not have the unilateral authority to issue the suspension order.
According to the High Court, the case is registered with the Monggar Dzongkhag court. However, as the Office of Attorney General (OAG) has the legal jurisdiction to file the petition to the High Court, to move the suspension order issued by the ACC. Accordingly, the High Court issued the temporary suspension order to study the case further.
Until the High Court comes up with a decision, the Speaker and the Minister of Home and Cultural Affairs will continue to serve in their current positions.
The suspension order from the ACC came after the registration of 75 cases in relation to the Gyalpoizhing land allotment in Monggar. Three cases were identified under criminal charges. The two were the Speaker and the minister of home and cultural affairs.
According to the report in Kuensel, ACC issued the suspension order based on the ACC’s Act under section 167. A copy of the suspension order was also forwarded to the Prime Minister last Thursday.
On Friday, the Cabinet Secretary wrote to the Office of Attorney General to look at the legality aspects. After studying the case the Office of the Attorney General filed a petition to the High Court yesterday.
The petition stated that the ACC does not have the unilateral authority to suspend the two. The OAG said under the ACC’s Act, section 167, quoted by the ACC, it does not state, who has the authority to suspend individuals.
Section 167.2 of the ACC’s Act states that, “a public servant who is charged with an offense under this Act shall be suspended with effect from the date of the charge till pending the outcome of any appeals”. The petition filed by the OAG also points out procedural lapses with regard to the suspension.
Section 168 of the ACC Act states that where a public servant who has been charged for, or convicted of an offence under this act, should be informed of such facts to the head of the individual agency for the purpose of taking necessary disciplinary action. The OAG said this section was not considered.
The Office of Attorney General said the Prime Minister was never consulted, while the suspension came as an order.
The BBS is trying to get in touch with the Anti Corruption Commission.
The Office of Attorney General also invoked article 21, section 10 of the constitution of Bhutan which states that the Supreme Court and the High Court may issue such declarations or orders as may be appropriate in the circumstances of each case.
The OAG also appealed on the ground that the members of parliament are also governed by the National Assembly Act.
