Yangyel Lhaden

The Supreme Court dismissed the appeal to transfer the Wamrong battery case to Thimphu dzongkhag court.

The order from the Supreme Court (SC) on June 25 stated that the hearing of the case would take place at Wamrong court by the  Nganglam Drangpon.

On June 2, relatives of the alleged victim of Wamrong battery case had petitioned to the SC to transfer the case to Thimphu dzongkhag court.

The alleged victim had come to Thimphu for treatment and is living with her relatives.

Her CT scan, conducted at Mongar Regional Referral Hospital, revealed an impression of “break in the outer cortex of left lamina of C2 vertebra fracture and straightened cervical curvature, possibly due to muscle spasm.”

The alleged victim’s representative, Sonam Choden, submitted to the court that the alleged victim was bed ridden most of the time and had to continue her treatment. “If the case is heard at the Wamrong court, the victim will have to keep on travelling between Thimphu and Wamrong, which could cause her inconveniences besides financial burden,” the petition to the SC stated.

The order from the SC stated that according to Section 189 of the Civil and Criminal Procedure Code of Bhutan (CCPC) 2001, jurisdiction of a court to conduct trial in a criminal matter shall be where the crime occurred.

The letter of appeal from the victim also stated that there would be conflict of interest if the case was proceeded in Wamrong and she might not be able to get justice. The other reason was the lack of lawyer if the case is heard in Wamrong, the letter stated.

Section 32.1 A of CCPC 2001 states that during the miscellaneous hearing, the court shall make an initial determination whether sufficient legal cause exist to admit the case for proceedings according to the law.

The order from SC stated that since there is conflict of interest, and according to section 73 of CCPC 2001, “A case shall not be assigned to Drangpon who may have or be reasonably constructed of interests in the matter at hand.”

The order also stated that the trial proceeding and hearing should be conducted expeditiously as possible in accordance with procedure code to render just and fair justice.

The Wamrong battery case between the cleaner’s wife and drangpon’s wife happened in the evening of April 26.

The cleaner reported the case to police on April 27.  The case was registered and forwarded to the drungkhag court on May 21.