DNT has decided not to appeal on the constitutional case
After the dismissal of the constitutional case against the government by the high court, Druk Nyamrup Tshogpa (DNT) had decided not to appeal further.
The party president Dr. Tandin Dorji said that as a political party, he thought that the party has done their best and the decision has been made by the High Court.
Dr Tandin said that “We are grateful to the High Court for giving DNT the opportunity to submit our petition on the violation of the Constitution by the government and for the fair legal processes accorded to us.”
While the High Court has not passed judgment on the constitutional violation per se, Dr. Tandin thanked the Court for ruling that any past fiscal incentives or schemes should be subject to review, if necessary, by the succeeding government and subsequently ratified by the Parliament through amendment or by way of introducing a new money bill on those past fiscal incentives.
The government’s failure to follow this in passing its fiscal incentives policy is clearly not in accordance with the law.
The press release from the DNT stated that, while respecting the Court’s ruling that DNT has no “locus standi”(legal standing) as it is not directly harmed, affected or suffered an actual injury is unfortunate.
The loss of revenue for the nation is a loss to all Bhutanese and has affected all of us. Nevertheless the party acknowledges the absence in our legal system of filing public litigation cases and despite of their best efforts to convince on our legal standing, the party respect the ruling by the Court of placing the responsibility on filing constitutional writ on the Opposition, stated the press release.
The press release further stated that the opposition has stated that the provision of fiscal incentives in 2016 is a violation of the Constitution and it is therefore the responsibility of the Opposition now, to decide whether to file a case to clarify constitutionality of providing fiscal incentives.
The dismissal by the Court of the Government’s argument of the matter being sub-judice has clarified that the government has no authority whatsoever to obtain the opinion of the Supreme Court and that only His Majesty the King can command for such an abstract judicial review, stated the press release.
It further stated that having thus ruled, it is apparent that the government has no legal justification for violat- ing the constitution. The dismissal of the case is based entirely on the legal standing of DNT and whether, as a Party outside the parliament, can file for a constitutional writ.
However, the press release also stated that “The Court, in its wisdom and for the future of the democracy has ruled that only the Opposition Party has the responsibility.” “We respect the decision and urge that the Opposition Party will take this case forward and bring it to its logical conclusion.”
However, Dr. Tandin Dorji said that “The case has not been concluded. We still don’t know whether this violation has been done or not. The court has ruled that DNT has been affected and we have not been harm directly.”
Dr Tandin said that although they have convince the Court that the money that has been wave off was into the consolidate fund, it’s our government money. That money could have been used for our health, education and roads.
He also added that the Nu.7B or whatever the amount of money that has been waved off is a loss, directly affected to all us. He said the Court has concluded that it is not directly affected to DNT.
“Only those who are affected or the Opposition has this legal standing to file the case. So the Court is saying DNT does not have the legal standing,” said Dr. Tandin.
Having said that DNT believes that the Court ruling, the government argument was that DNT has no legal standing which the court has accepted and base on that the case was dismiss.