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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.
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