Gelephu dungkhag court yesterday dismissed the case of a 36-year-old man, who alleged discrimination based on caste.
The man first lodged the case with the Gelephu police in January this year. Police forwarded it to Samteling gewog. The gewog then forwarded the case to Gelephu dungkhag court on April 7.
Gelephu dungkhag court, in the verdict, stated that the court conducted miscellaneous hearing of the case on April 7 and the trial revealed that the complaint contravenes 10 provisions of the Civil and Criminal Procedure Code of Bhutan (CCPC).
The court stated that the complaint contravenes section 132 of the CCPC. While the court did not explain why, section 132 of CCPC “The petition of the complaint is the plaintiff’s statement of claims against the respondent or defendant.”
The court also stated the complaint contravenes CCPC’s section 116, which mentions about instituting of a suit. The judgment, however, does not elaborate how the complaint contravenes the section.
The complaint, the verdict stated, contravenes sections 78, 120, 31, 109, 115, 189 and 109 of the CCPC.
While the judgment also does not explain how the complaint contravenes these sections of the CCPC, the cited sections are on lack of power of attorney, court venue or territorial jurisdiction, registration of the case, res-judicata and appeal time.
The verdict also stated that the court could not accept the case as it contravenes other provisions of the law. It does not specify which law and provisions.
The court ordered that since the case involves breaching of fundamental rights in the society because of caste-based discrimination, the court could not conduct further trial.
The verdict stated that the court is returning the 10-paged complaint lodged by the complainant.
The complainant said while he did not understand the first page of the verdict, the drangpon, while delivering the judgment explained that because it is a case against social discrimination, it could not be decided in the dungkhag court and that he should file the case to the High Court or the Supreme Court.
“Dasho said that as this is a case that breaches the Constitution, he does not have the power to decide on it,” the complainant said.states,