The Judiciary has suspended two justices of the High Court with immediate effect. According to a news release from the Supreme Court, the two justices caused a deliberate miscarriage of justice in a drug smuggling and possession case. The issue came into the limelight after the judiciary received complaints of collusion.
The news release states that Justices Pema Rinzin and Tshering Dorji of the High Court’s Bench I reversed a judgment passed by the Thimphu District Court concerning a drug case.
The case which was prosecuted by the office of the attorney general in 2019 involves two defendants. One of them was caught with drugs and the other person was arrested for being the supplier. The news release also states that one of the defendants is the son of a Kuensel Dzongkha Editor.
Based on the evidence, the Thimphu District Court convicted both defendants and sentenced them to an imprisonment term of five years each. The defendants then appealed to the High Court and their case was assigned to Bench I.
While the case was still under trial, the release states that the Kuensel Dzongkha Editor, the Attorney General and one of the two justices went for an overnight trek to Phajoding. After the trek, the High Court passed its judgment reversing the Thimphu District Court’s judgment.
The High Court’s judgment reasoned that the defendants tested positive upon urine test. Based on this, instead of five-year imprisonment, the two defendants were ordered to undergo compulsory treatment in a rehabilitation centre for a duration of three to six months.
The Narcotic Drugs, Psychotropic Substances and Substance Abuse Act grades the offence of illicit drug trafficking and substance abuse differently. While offenders of substance abuse are liable to undergo compulsory treatment and rehabilitation for a certain period, the offence of illicit trafficking of narcotics drugs and psychotropic substances is a felony of crime.
Moreover, one of the defendants was a repeated offender convicted for the same offence in 2015 which the High Court failed to consider in the judgment despite having substantial evidence.
Further, it has also been stated that though the OAG normally appeals against such total reversal of judgments, in this particular case, the office did not appeal to the Supreme Court.
With regard to the Attorney General and the Kuensel Dzongkha Editor, the Media and Communication Unit of the Judiciary said that they cannot comment as the two do not fall under the purview of the Judiciary.
BBS also contacted the Police who said they have not received any complaints. However, they said they will investigate if they receive a complaint.
Samten Dolkar
