English | Dzongkha Wednesday, April 14, 2021

God sees the truth, but waits; Parliament decides to retain the section allowing prosecution to motion the courts for new trials based on new evidence, CCPC


Dec 10, 2020

God sees the truth, but waits; this is true when the judgment passed are often dismissed later based on new evidence findings. The existing Section 205 of the Civil and Criminal Procedure Code Bill states “The prosecution may motion the courts for new trials based on newly discovered evidence or on other grounds”. The parliament in its joint sitting today, rejected to repeal this section recommended by the Joint Committee on Civil and Criminal Procedure Code (CCPC).

The parliament in its Joint Sitting today deliberated on the amendment on the seven disputed clauses in the CCPC (Amendment) Bill of Bhutan 2019. While all the six sections were adopted as presented by the Joint Committee, amendment of Section 205 of the Bill was rejected by most of the members of the parliament.

“If a victim gets additional evidence against a powerful accused later after the judgment, he or she won’t have the chance to appeal again. Even if a person is outright innocent, he or she won’t have the chance to prove himself after the judgment,” said Namgay Tshering, the Finance Minister.

“Although the appellant has 10 days to prove his innocence, what if he cannot do that and the section is removed? If the verdict is out before discovering evidence, justice won’t be served,” said Sangay Dorji, the Chhukha’s Member of Parliament (MP) in the National Council.

“When people with a poor background cannot produce the required documents and evidence on time, they will be denied from appealing again if the section is removed,” added Lhatu, the Trashigang ‘s MP in the National Council.

“There are cases where powerful individuals hid evidence from the poor during the trials. When a crime or offence is committed, with time, the evidence is bound to appear. And with it, I feel that he or she should be allowed to appeal again,” said Yeshey Penjor, the Agriculture Minister.

Some members also supported to retain the section as per the CCPC 2011 to keep the doors of justice open for justice to prevail.

Considering all the recommendations and opinions poured in by the members from both the Houses, the joint sitting retained the section and adopted the Civil and Criminal Procedure Code (Amendment) Bill of Bhutan 2019 with 65 Yes and 6 Abstain out of 71 Members present and voting.

Tshering Dendup

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