The high court (HC) yesterday summoned the ‘leader of the ruling government’ to court, after the opposition leader Tshering Tobgay filed a case against the government on their taxation policy.

HC will conduct the preliminary hearing today on the first constitutional case. During a preliminary hearing, the court will pronounce that the parties to the case (in this case, the government and the opposition leader) appear in person, that the case has been registered, the power of the court to adjudicate, order the parties to make their submissions, among other things.

Kuensel learnt that prime minister Lyonchhoen Jigmi Y Thinley had a meeting with lawyers from the office of the attorney general, and that the attorney general will represent the government, according to the provisions of the constitution. Article 29 of the Constitution states that the attorney general, as the chief legal officer, shall be the legal advisor to and legal representative of the government.

Meanwhile, a monetary case, involving two Thimphu based women could be the first Supreme Court case, if the highest appellate court decides to accept the case, which was appealed after a high court verdict.

The case involving Nu 140,200 and jewelry mortgaged, Supreme Court officials confirmed, has reached the court. A court official said that the case was not registered as of yesterday. “We’ll see the merit of the case. It could be dismissed also,” said an official.

The two women, Tshering Dema and Sonam Choden, had been fighting the case in different courts since May 2008. Tshering Dema borrowed Nu 140,200 from Sonam Choden, mortgaging her jewelry, including a 10-tola gold bangle, one pair of corals and a gold ring. According to statements submitted to the court, when Tshering Dema went to get back her ornaments with the money, the borrower, Sonam Choden, pretended not to know Tshering Dema, and refused to give back her ornaments. Tshering Dema then filed a case in the Thimphu district court.

There was no written agreement or witnesses when the deal was made, according to high court officials. However, dzongkhag court officials on investigation found out enough “circumstantial evidence’ to rule the judgment in Tshering Dema’s favour, and Sonam Choden was asked to hand over the ornaments and Tshering Dema the money. Sonam Choden appealed to the high court. The Bench I of the high court issued a similar verdict, after cross-examining five people, who gave statements, stating that they have either seen or heard the two women make the deal or Tshering Dema asking for her ornaments back.

Sonam Choden then appealed to the full bench or larger bench of the high court, but the full bench also, in its verdict, asked Sonam Choden to hand over the ornaments, while Tshering Dema was asked to pay back the money.

Stating that she had not taken any ornaments and that HC had based the verdict on what witnesses said, Sonam Choden has appealed to the Supreme Court.

A SC official said that the judicial processes have to be completed before registering the case. Source: Kuenselonline