Dorji Choden

The Supreme Court (SC) has upheld the High Court’s decision, convicting Sangay Khandu, the former Gup of Korphu, Trongsa, of embezzling Nu 620,403 from the Gewog Environmental Conservation Committee fund.

He has been sentenced to one year and six months of imprisonment, with the option to pay in lieu of imprisonment.

The Environmental Conservation Committee in Korphu Gewog was established to address human-wildlife conflicts.

The Committee received Nu 300,000 from the then Ministry of Agriculture and Forests in 2012 and Nu 200,000 from the Zhemgang Forest Division in 2016, bringing the total funds to Nu 500,000.

The funds were meant to compensate residents for wildlife-related damages, but no compensation was disbursed due to villagers’ inability to participate in the programme.

In 2018, the Ministry launched the National Crop and Livestock Insurance Fund and directed the transfer of the conservation funds to the national programme.

Instead of following this directive, Sangay Khandu deposited the funds into his personal account and allegedly spent them for personal purposes over 18 months.

The Office of the Attorney General (OAG) charged him under Sections 52.1(a) and (b) of the Anti-Corruption Act of Bhutan and Section 12 of the Penal Code of Bhutan.

The prosecution argued that the funds were never used for their intended purpose and submitted evidence showing fabricated documents, including meeting minutes and receipts. While the gup claimed the funds were used for community purposes such as life insurance, this was found to be unsupported.

The Trongsa District Court initially acquitted Sangay Khandu, citing insufficient evidence of intentional misuse and pointing to systemic issues like a lack of oversight, transparency, and audits.

The OAG appealed the decision to the High Court, which overturned the acquittal.

The High Court determined that Sangay Khandu had withdrawn the entire amount, misused it, and reimbursed it only after an audit in 2022.

The court sentenced him to imprisonment and dismissed the prosecution’s claim for 24 percent penalty interest on the embezzled amount, as the funds had been reimbursed.

The Supreme Court reviewed the case and affirmed the High Court’s decision in full, holding Sangay Khandu accountable for violating the Anti-Corruption Act and the Penal Code.