Criminal charges against three

ACC registers 75 cases with Mongar district court

Mongar district court registered 75 cases in relation to Gyalpoizhing land allotment between November 13 and November 14.

Of the total, Mongar drangpon Gembo Dorji said three were criminal cases against Speaker Jigme Tshultim, Home Minister Minjur Dorji, and a member of the then Mongar municipal committee, Dechen Singye.

The rest, he said, were civil in nature.

The legal proceedings, he said, would begin on all 75 cases after two weeks or so.

Almost the whole of next week, Gembo Dorji said, was Mongar tsechu, from November 20-24, and he had an official meeting to attend at Thimphu the week after.

The civil cases, he said, would not take long, because they had to do with restitution of government land.

The criminal cases, however, he said, might take slightly longer, should people charged of the offence defend against the indictment.    

Gembo Dorji said all other cases at hand would have to wait, and the focus would be on the Gyalpoizhing land affair.

It is almost after two months, of reviewing laws, examining their relevant provisions and applicability to the cases, that the Anti-Corruption Commission on November 9 said they consolidated charges for prosecution.

It was around the same time that the Cabinet secretariat issued a press release that contained the decision of the prime minister and other ministers involved in the case to return what plots they were allocated in Gyalpoizhing.

The decision also applied to land allotted to the immediate relatives of the chairmen, who headed the plot allotment committees at different times.

Legal experts said the fact that the case was registered with Mongar district court was evidence enough that a legal basis did exist to prosecute the case, nullifying Office of Attorney General’s initial claims that there was no legal basis to pursue the matter through the court.   

While Anti-Corruption Commission reports on the Gyalpoizhing land case investigation remain restricted, attorney general’s response to the charges contained in the report revealed the speaker was charged for forgery and deceptive practice, as the plot allotment committee chairman.

Citing NA 1-2 of the 1953 Thrimzhung Chhenmo that, pertained to forging of signatures and making fake seals, the charges entailed a prison term of three months to nine years.

The second charge against him on sale of government land, based on KA6-20 of the 1979 Land Act, meant he was liable for a prison term between three months and three years.

The third charge against him was the fine for illegal registration of plots under KA 12-10 of the 1979 Land Act, which requires him to pay the government what amount he received by selling to a third individual, the land he acquired from someone through deceit.

Similarly, the home minister, Minjur Dorji, who chaired the committee between 2005 and 2006 as the Mongar dzongda, was also charged for sale of government land, and is liable to a fine for illegal registration of plots and official misconduct.

A member of plot allotment committee was also charged for either deceptive practice or official misconduct, sale of government land and illegal registration of plots.

While those facing criminal charges will remain innocent until the court proves them guilty beyond reasonable doubt, should it turn out otherwise, political careers of two of the Druk Phuensum Tshogpa members, the speaker and home minister, will end.

Section 179 of the Election Act states that a person would be disqualified as a candidate, or a member holding an elective office under the Constitution, if he or she is convicted of any criminal offence and sentenced to imprisonment.

Having completed its investigation on the Gyalpoizhing land case, ACC forwarded it to OAG on August 31, which, following 15 days of studying the report, returned the case on September 19 to ACC, saying there was no legal basis for court prosecution.

ACC findings had stated that, of the 99 plots allotted in both commercial and residential areas, 67 plots or 14.12 acres were illegal.

By Samten Wangchuk

Additional reporting 

Tshering Namgay