After two High Court justices were suspended last week for causing deliberate miscarriage of justice, people are now calling for the Judiciary to relook into other cases where unfair judgments may have been passed. The justices were involved in a case related to the smuggling and possession of drugs involving two defendants. Meanwhile, the Judiciary told BBS that it is determined to give equitable and fair justice to all.
The investigation found possible collusion between the suspended justices, the Attorney General, and a Dzongkha editor with Kuensel newspaper. The Dzongkha editor is the father of one of the defendants.
Earlier this week, the Attorney General handed in his resignation to the Prime Minister.
Following the suspension of justices and subsequent resignation of the Attorney General, citizens from all walks of life expressed their disappointment, questioning the integrity of a system they looked to for support and justice.
“When we look into the law, we feel like it is being used in two ways. His Majesty also said that a law is made equally for everyone, but it is being used in two ways. At this time and age, when we hear that justices of the Judiciary are themselves getting involved in corruption and are being suspended, it is not a sign that people got justice, it is a sign that there’s corruption in the Judiciary,” said Nakphela, a resident of Thimphu.
“I feel there must be many such cases of miscarriages of justice if relevant agencies carry out investigations. This is just one incident found out by the Judiciary. If such bad precedents are found within the judiciary body, we cannot respect the court’s judgments and also it would be difficult to get justice for poor and humble people like us,” said Dago, a resident of Tsirang.
“The news is a great reminder to remaining judges and we expect a fair and just legal proceeding henceforth,” said another resident.
Similarly, social media is flooded with posts and comments ranging from criticisms of the system that is meant to uphold justice to re-looking into cases that might have ended up with unfair verdicts, and also giving stringent punishment to the individuals involved in the case.
Meanwhile, in a written statement, the Judiciary told BBS that their recent action of suspending their own justices underscore the Judiciary’s determination to ensure equitable and impartial administration of justice.
Since its inception in August, last year, the grievance cell of the Judiciary received a total of 66 complaints. Of the total complaints, 90 per cent were dismissed since they were case related either for appeal or sub-judice. A preliminary review has been initiated on the remaining.
The Judiciary added that in cases where allegations are supported by substantial evidence, the grievance cell will remain committed to thorough examination and subsequent actions if required.
And while people hope for such incidents to not repeat in the future, this case signifies that no one, regardless of their status, is above the law.
Samten Dolkar
Edited by Sherub Dorji
