By Tenzin Lhaksam,
Phayul reporter
Dharamsala, October 31 – In an unprecedented move, Mr. Dawa Gyaltsen, a former teacher of TCV School, lodged a civil suit at Shimla High Court against Mr. Jadur Sangpo, the Chief Justice commissioner of the Tibetan Supreme Justice Commission. He filed the suit on the ground that his fundamental rights of voting and being voted in elections are denied on an alleged legal infringement, that of “Contempt of Court”.
After the end of an earlier legal trial concerning the Fulbright Scholarship, involving
Mr. Dawa Gyaltsen, D.O.E and Tibet Fund (case no 7 of TSJC), Mr. Dawa Gyaltsen spoke in length to media scribes about the need to revive some of the shortcomings in the present Tibetan Judicial system. He had expressed his discontentment over the verdict passed on his case by the court. The Commission on its part alleged that such acts amounted to “Contempt of Court”, thus legally castigating him from participating in any of the future electoral process.
Mr. Dawa Gyaltsen alleged that Mr. Jadur Sangpo, who holds the position of Chief Justice Commissioner in the Tibetan Supreme Justice Commission, the apex body is morally and legally no longer competent to hold this high office. Citing personal experience he dismisses the charge of “contempt of Court” as a baseless and unlawful allegation.” In a democracy, where freedom of speech is one of the most important fundamental rights, honest and factual criticism of any institution cannot be considered a crime”, tells Mr. Dawa.
He further argues, “even if “contempt of court” has been committed, this cannot entail the forfeiture of the rights to vote and participate in the electoral process as the same is nowhere specified in the Charter of Tibetan in exile.”
Referring to series of documentary evidence submitted by Mr. Jadur Sangpo to Ministry of Home, Government of India, Foreigner Registration Certificate, Income tax return file and Brochure of the Assembly of Tibetan peoples Deputies in which it is stated that he was born in 1938, Dawa alleges that Mr. Jadur is no longer legally competent to hold the office as he has already passed the superannuating age as enjoined in sub clause 4 of Article 63 of the Exile Charter, which states”…the chief Justice Commissioner of the Tibetan Supreme Justice Commission shall continue to discharge his or her duties until the age of 65″.
Dawa added that according to the Contempt of Court Act XXXII of 1952,of the Indian Civil code, it states “save as otherwise expressly provided by any law for the time being in force, the contempt of court may be punished with simple imprisonment for a term which may extend to six month or with fine which may extend to Rs.2000 or both. It is provided that accused may be discharged or the punishment awarded may be remitted on an apology being made to the satisfaction of the court”.
Dawa told this reporter that his case at the high court is aimed to protect truth justice and democracy and for the betterment of the larger Tibetan community. He said that it is not to be taken as his personal vendetta against the Chief Justice Commissioner.
