|
Kuensel issue February 19, 1994
In a review of Bhutan's judicial system the High Court has pointed out that the judiciary has entered a new era and, while it was still rooted in a rich ecclesiastical history, the system was responding to a rapidly progressing society and a fast changing world.
The High Court's annual report, which was released this week, stated that the increase and decrease in the number of case reflected the changing situation in the kingdom. The trends reflected the increase in the number of motor vehicles, the growth of the urban population, the exposure of the Bhutanese people to criminal patterns in the region, and also the changing behaviour of youth.
For example, matrimonial disputes increased from eight percent to 10.10 percent of all cases; motor vehicle cases increased from five percent to 8.23 percent; assault from four percent to 7.01 percent; left from eight percent to 15.5 percent; bribery now constitutes 1.98 percent; and the theft of religious artifacts 1.1 percent.
Meanwhile, land dispute had decreased from 28 percent to 11.2 percent and monetary loan cases from 28 percent to 26 percent.
1993 saw a marginal increase in the total number of cases registered in the Bhutanese law courts. Out of the 3,611 cases registered, 2,587 were decided and 961 left pending.
According to the High Court report, 1993 was a year for the consolidation of the judicial system. It pointed out that, with the court procedures streamlined to make it more efficient and responsive to the people, there were fewer summons and adjournments and the hearing time had been dramatically reduced.
The report stated that, with an improved registration system, the Thrimkhang would hold a preliminary hearing within 21 working days of the case being registered. With the exception of murder, antique thefts, and breach of the National Security Act, the judgement would be rendered within 121 days after the first hearing. The maximum period would be 360 days.
The report emphasised that, at the same time, the quality of justice had not been compromised. A judiciary spokesman said this was evident from the reduction of appeals in 1993. He added that the judiciary had also reduced the number of backlog cases and established a uniform system of justice throughout the country.
According to the report, the judiciary will continue to streamline the court procedures and be more accessible to the people, with special emphasis given to the revival of traditional Bhutanese courtesy and respect.
The High Court spokesman said that, as the judicial system of Bhutan responded to the needs of the society and to the changes in the world outside, it would continue to strive to achieve "better efficiency without sacrificing quality, and modernization without losing tradition".
"The age old foundations of this hallowed tradition must be further strengthened and our judiciary must keep abreast with the demands of a fast-growing nation," he said, "Because the ultimate truth is that the pursuit of justice must always be a tireless endeavour and never a final achievement."
|
