Friday 14 August 2015

Lhakhang Karpo

Its well established that if any individual is found breaching the law one is charged before the court and accordingly the court exercises Judgment. Its also more well believed that the one who exercises judgment in the court is human but may not be an enlightened being.Anyhow, any citizen of the country are brought to justice by these officiating enlightened beings of the Judiciary in the different levels of court. Now it is probable that there is a need for  judiciary be brought to justice. So, if the people loose the trust in Judiciary and feel the need for Judicial Justice, this shall be the nation's great threat to peace and prosperity. How shall we build up a trustworthy Judicial system? The answer is democracy, the counter balancing.  Antibiotics of the our nation like RAA and ACC are counter weight and aid in combating illegal act. For this will of peace and harmony we have well set up institutions to balance the swing. But question is how far is the balancing executing. Is our ACC investigating Judiciary? What if chief justice is (or Judges are) found breaching the law or into any corrupt act? Does ACC have guts to investigate them? Will OAG prosecute? Who shall preside over the case? The recent case of lhakhang karpo has left the laws fragile. Court ordering OAG to take up the prosecution despite ACC believing they must take up the case, while OAG believed there is no grounds for the appeal. While we understand that court as the supreme guardian of the law and the constitution, is conveying the roles of the Bodies but it does not respect the court's core responsibility-delivering a justice. To an understanding of a common people like me,  I feel the court should not matter who the plaintiff or the defendant is. After all court shall establish beyond reasonable doubt to pass a justice. They are for that. When the court exercises a discretionary power of who shall be the prosecute, it is tantamount to infringement of execution branch. It is no less than administrative action. Moreover we have a precedents of former speaker and former home minister prosecuted by ACC. If any individual or parties is not satisfied being prosecuted by ACC, any one can file a case if ACC is breaching the law. In that context court have the authority to deliberate interpretation of Article 27 (5) & (6), because court should matter the most is the subject of the case. Its vivid that ACC has a strong reason and evidences to prosecute the accused. But when the house delivering a justice prohibits its appearance before the court in any ways, is denying a justice. Now will the court summon ACC like a witness at least?

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