The Anti-Corruption Commission, in its final submission to the High Court’s full bench, said even though the plots in Gyalpoizhing were allotted before the ACC Act came into being, the offences had been charged under Thrim-zhung Chenmo for corruption.
The ACC’s representative also said the sub-section three under Article 128 of the ACC Act, does not prohibit the Commission from prosecuting.
In its rebuttal, ACC said, the National Assembly Speaker, Jigme Tshultim, favoured the rich and powerful, who resided in Thimphu, by allotting plots in Gyalpoizhing. ACC said the 23 beneficiaries were neither residents nor businessmen in Gyalpoizhing.
ACC also said some of the people from Drepong, who were eligible, did not get plots, even after submitting repeated applications to the Dzongkhag.
The Commission said the recipients, who were allotted plots, even failed to report for lucky draw. They also were allotted bigger size plots, said ACC. The appellant was also accused of giving plots to those who picked up blank paper during the lucky draw.
ACC said the Speaker had incurred indirect benefit, by allotting plots to his daughter and son and also to his maid Nima Zangmo. ACC said, the Speaker had no authorisation but forged his maid’s signature to get the plot.
ACC said the Speaker also signed on the ownership certificate against the name of plot allotment committee, claiming that the plots were allotted through lucky draw.
ACC said the Speaker allotted plots without consulting with the plot allotment committee members. The appellant was also accused of impersonating them on the ownership certificates. ACC further added that, the appellant had not only deceived the government but also deprived actual beneficiaries from getting a plot.