By Tenzin Dharpo
DHARAMSHALA, May 24: The three judges of the Tibetan Supreme Justice Commission who were impeached through an unprecedented parliamentary resolution on March 25 announced the resumption of their duties through a live post through Facebook on Monday.
Chief Justice Commissioner Sonam Norbu Dagpo, Justice Commissioner Karma Damdul, and Justice Commissioner Tenzin Lungtok in the joint statement said that they had recused themselves from their posts due to conflict of interest, adding that the resumption of their duties was necessitated due to factors including the clarification by former Kalon Tripa and member of the Charter’s drafting committee Prof. Samdhong Rinpoche, as well as petitions and calls for their reinstatement by former justices, ministers, noted former officials and the general public.
The judges said the resolution by the parliament is illegitimate, in that the house majority that impeached them no longer stands citing a letter signed by 21 incumbent members of the parliament who supported the withdrawal of the resolution, and for the judges to resume their duties under the circumstances.
The cancellation of the addition session of the parliament that was scheduled to be held on May 24 due to lack of quorum to hold session, the judges said, effectively rules out the opportunity for the parliament to withdraw the resolution to impeach them. 22 MPs filed in application of leave from the session.
Many say that the parliament failed to follow due process as per the provisions in the Charter. The Article 54 of the Charter mandates that the proceedings to remove the Chief Tibetan Justice Commissioner can only go ahead after the formation of “a Committee especially appointed by the Tibetan Assembly, and upon its recommendation to and with more than a two–thirds majority of the total members of the Tibetan Assembly”.
The Chief Justice Commissioner Dagpo said that the decision by him and his fellow judges is to “sustain the exile administration, safeguard the democratic system, uphold the exile Tibetan Charter, protect the three pillars of Tibetan democracy, maintain peace and harmony in the Tibetan community, and also to avoid causing distress to His Holiness the Dalai Lama and fellow Tibetans in Tibet and in exile.”
However, hours later the standing committee of the Tibetan Parliament in Exile (TPiE) said the judges resuming their duties is tantamount to going against the Charter and added that the parliament will no longer pursue the issue regarding the impeachment of the judges.
Also, the former Speaker of the TPiE Pema Jungney who resigned from the Speakership earlier on April 8 said today that his resignation should not be seen as him admitting fault over his role in impeaching the judges. Jungney said that he was “shocked” by the clarification provided by Prof. Samdhong Rinpoche and that he does not agree with the remarks. A detailed written statement on the matter will be released soon, the former Speaker said in a video posted on YouTube on Monday.
Our democracy show held despite the threats at the end. Thanking the outgoing and welcoming the incoming administration. And the show must go on. The good will of the main players forthcoming again and prevailing in going forward with our movement.
The reasons given by the judges to resume their post are extremly non constitutional and logicless. So much drama for power and EGO. The parliment is the Voice of the People.
MUTHEE MEY👊
Don’t stand with the traitors if you respect the Tibet as a nation and Tibetans as one of us. The poison of Cholkha has blinded these people who can’t distinguish between right and wrong.
You can’t compare between the traitor Pema Jugney and patriotic Samdhong Rinpoche. The traitors like you and Pema Jugney even in their thousands of rebirths will not catch up Ven. S. Rinpoche in any of the aspects let alone politics.
However, patriotic Tibetans must guard themselves from the Chinese propaganda and money power. Even some of our Tibetan brethren must have involved in the money of Red Chinese. The Chinese will use these wicked people with their money for a while until they get their desired result of destroying the Tibetans. After getting the result, the losers will only and only be Tibetans. Besides Chinese half-cent armies have been indulging in all these propaganda tactics.
It is totally a day light lie talking about recuse. They had announced “with respect to the resolution of the parliament session we submit our resignation though we did nothing wrong”. So this announcement through press is not a recuse. Where is Lobsang Wangyal, VOA, RFA and Norway press?
If Samdong Rinpoche has given clarification being a former drafting member, Pema Jungney has equally given his clarification and was also member of drafting committee. There should be no difference between the two regarding the referral of Charter. The TSJC lost all its moral ground, sincerity, trustworthy and hence have no right to hold judiciary position. Above all those people that they mentioned have no any official authority to ask and TSJC to follow their request. It is all illegal. Once they resigned, they are not in recuse even the donkey would understand. They cannot befool anyone even if they are taught to express recuse. If they are on recuse, why all those Zurpas asking for reinstatement ? Why this two lies go on parallel ? The Charter says in article 63 clause 5 that once Judges are retired or removed, they cannot hold any profitable position in the CTA. The call for reinstatement was against that law and holding back position without formal appointment by the parliament in session is against the rule of judges appointment. Therefore, this is a real constitutional breakdown and who should take responsibility ? The open challenge to the Charter by lawless groups started after April 8, and misusing the title of His Holiness became common. If anybody is allow to do whatever they want or their party wanted, then there is no need of Charter. The Charter that His Holiness has a great vision is completely disregarded and distorted by the people claimed to be the most loyalist to His Holiness living just beneath his residence. So sad. Unforgetable and unforgiveable memory.
Using the term recuse and returning to work has made everyone joke. If there is sincerity and honesty little bit exist, I would like to ask, all those who asked for reinstatement, who blamed pillars broke down and who encouraged judges to lie must apologize to His Holiness. Judges can be recused if investigation is going on for certain reason but impeachment is a motion passed in the parliament. It is totally different. Impeached and resigned cannot returned back to job. Even recuse also has to be ordered by judicial officer who is not involved in the matter of investigation where there is conflict of interest. Nothing due process was there to prove that the judges where on recuse. Ngawang Ragias exploded a lie about Sue-motu without being asked during one of his interviews and the episode of this lie will come out one day.
An unlawful impeachment is invalid and meaningless. So the were never impeached. That is how it works in all true democracies.
The only difference is that Prof. Samdhong Rinpochey was Principal when Pema Jugney was a student. Sorry bud, may be you can come better next time.
Since March, we have witnessed rise of conflict power among TPiE and TSJC. Justice commissioners, who have voluntary resigned from judgeship publicly through social media, now resumed its duty through social media. Kind of joke or mockery of constitutional governance happening in CTA. The charter should be governed by what is written in the provision, it can not governed by whims and mood of public sentiment. Current development of resumption of Justice commissioners to its post of judgeship sets dangerous precedent, which is equally dangerous as March 25th event. We are departing from rule of law by walking into mobocracy.
It is not a joke but the very basis or foundation of the impeachment of three judges were wrong according to chatrim and without a way out, unless HH intervenes, I think Judges resuming their duties is the best recourse in current scenario.
Imagine, if HH does not interfere in the conflict? What will happen? There will be no special session, (which is already seen, not happening due to covid restriction in Kangra), which means no resolution on how to offer oath to new Sikyong and Members of Parliament (MP).
So in absence of new MPs who is going to make executive branch (sikyong and his cabinets) accountable to? What is the provision of Kashag going beyond the term? How will you resolve the issue of no parliament and no justice commission?
So my dear friend, it is in the best interest of our young democratic governance that three Justices take their seat and let the system restart. Otherwise, there will be nothing left to argue or fight for.
Pema Jugney’s acceptance that he is not at fault proves that he was at fault. The reason is simple, he was acting as a speaker of the house and not as an individual representing his constituency. Therefore, it should be least of personal business while parliament was in session. So therefore, when he says he didn’t resign due to acceptance to the blunder of parliament under his stewardship doesn’t adds up. If he was right from the beginning, as he claims, in his youtube video like mila rangzen, thupten thokmey, or that under blue sky, why didn’t he had press conference? Why was all the executing members were hiding from press, even today? why people like Serta Tsultrim and Pema Jugney are only coming out in YouTube video, where it is one way street that no one can counter their theory?
Ironically, Pema Jugney was proud of being appreciated by Nechung and his team member Tenpa Yarphel degraded Nechung. Such is their mentality that they can even sell their mother in open market.