Dharamshala,17th April: Ex-eleven justice commissioners appealed to TPiE to recall the decision on alteration after proclaiming the acceptance of the legal matter. “The simultaneous alteration of Cheif Justice commissioner and two other justice commissioner of CTA’s supreme court doesn’t accord with the principles of the law,” said Ngawang Phelgay, CTA’s Ex-chief justice commissioner.
Regarding the recent TPiE’s official decision on 25th march on the alteration of chief justice commissioner Sonam Norbu Dagpo, justice commissioner Karma Damdul and Tenzin Lungtok by the members of the 16th TPiE in the 10th session, CTA’s ex-chief justice commissioner together with ex-justice commissioners totaling 11 members proclaimed the acceptance of the legal matter on 12th April.
In that proclamation, CTA’s ex-chief justice commissioner Ngawang Phelgay pointed out that there is no predicated law regarding the condition(s) of simultaneous alteration of justice commissioners, and it’s not legal with respect to the principle of the law. The group of ex-justice commissioners gave a detailed explanation of article 9 in acceptance of the legal matter.
Furthermore, Ngawang Phelgay la gave a detailed explanation of his request ” until Tibet’s cause is justified, CTA should exist. In accordance with His Holiness the 14th Dalai Lama’s intention and Tibetan people’s hope, the law, and democracy needs a standardized power for it needs to administer properly. Hence, while altering the law, the alteration should be prudent as there is the possibility of unforeseen fault(s). So, both Kashag and the TPiE needs to be cautious.”
Due to Covid-19 disease, TPiE postponed the 10th session which was to be held between 16th and 24th September the previous year to this year’s march citing article 49(2).TSJC responded by penalizing the 11 members of the parliament by revoking their voting rights till 11th march,2021 over failure to conduct the session. But the parliament argued that whatever decision the parliament takes, it’s theirs to be taken only as no court has the right to interfere as it goes against article 46 and identifies the parliament and its members are not under the TSC.
Even after the decision for alteration of the three-justice commissioners, the justice commissioners issued acceptance of legal matter, in which they mentioned article 49(2) that if minimum members of parliament aren’t present, and has to postpone the session for seven days, which the speaker combined the session postponement decision with article 49(1) that states that a total of 2/3 votes are needed to postpone when the minimum members of the parliament aren’t present is not applicable as members of the parliament are not assembled in the first place.
After the speaker’s resignment of his post, the state of the TPiE and TSC remains in the midst.
Names of the CTA’s ex justice commissioners are:-
Chief Justice Commissioners:- Phunrab Lobsang Dhargyal la, Jhathur Sonam Sangpo la, Namgyal Tsering la, Ngawang Phelgyal la, Kagyu Dhondup la, Justice Commissioners:- Lobsang Dhargyal la, Thupten Tashi la, Ngawang Thupten la, Tsering Dhondup la, Ngawang Choedak la, Ngawang Rabgyal la.
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