September 08: The Wangdi court has passed the verdict on the Phobjikha Damchen Lhakhang Land. The judgement was passed by the presiding judge Drangpon Shera Lhendup on Wednesday.

The court upheld the powers and functions of the Anti Corruption Commission and its Act and the Bhutan Penal Code 2004 as prospective and disposed off the charges against the defendants without liability.

The four defendants are the former Wangdi Dzongda, Dasho Pem L Dorji, and Drangpon Kunzang Tobgyel and the then Phobji Gup Wangchuk and Chimi Passang Dorji.

They were charged by the office of the Attorney General on behalf of the Anti Corruption Commission for corrupt practices in the transaction.

During one of his visits to Phobjikha in 2001 Yab Dasho Ugyen Dorji expressed his wish to establish a dairy farm there. The interest was conveyed to the then Gup and the Chimi, who presented the wish to the people at a community meeting.
The community discussed and voluntarily offered in writing the 4.5 acre Damchen Lhakhang land to the Yab.

The 228 household members were under the impression that the land was owned by the community. The Yab in return presented a soelra of Nu. 90,000 to the people.

The Dasho Pem L Dorji was asked to represent Yab Dasho Ugyen Dorji in all legal matters to process the ownership transfer. While the transfer remained pending at the central land records office, the Anti Corruption Commission initiated investigations.

According to the verdict Dasho Pem L Dorji and Gup Wangchuk had prior knowledge that the disputed land was government owned. The court ruled that concerned authorities should initiate administrative action against the two defendants.

However, the court disposed off rest of the charges. The allegations against the former Wangdi Drangon Kunzang Tobgyel have been disposed without liability.

The former Chimi Passang Dorji who had misinformed the community, the court and Yab saying the land is community owned has been exonerated. He was terminated from his post for official misconduct prior to the court judgment. The court upheld that a person cannot be punished twice for the same offence.

According to a news release from the Wangdi court, in an allegation of corrupt practice, it is essential to have the defendant either having gained or intended to gain material benefits.

In the present case, the prosecution did not establish that any of the four defendants have gained nor intended to gain by nature of material benefits be it gifts, promotion or personal favor.

The case was filed at the Wangdi Dzongkha court in June 2007.