THIMPHU: The high court might be left with only a single judge by January 2010 to settle appeal cases that now number more than 100. Chief Justice Lyonpo Sonam Tobgye superannuated on November 14 this year, according to Kuensel sources. Of the three current high court judges, drangpon Jigme Zangpo will be superannuating on December 10 and Sither Namgyel on December 29 this year.
This will leave only drangpon Tshering Wangchuk to resolve the appeal cases in the high court, which ideally should have about eight judges and a chief justice.

Even with three judges today, appellants from around the country are worried about delays at the high court because of shortage of judges. About 182 appeal cases were registered as of August this year, of which more than 100 cases remained pending.

A case involving the proprietor of Yarkay group, Phub Zam, and the works and human settlement ministry was filed in the high court in January this year. “It’s almost a year now. They informed us that our case wouldn’t be heard anymore because there weren’t enough judges,” said Phub Zam. “The case against the ministry has been on for more than two years. Justice delayed is justice denied.”

In this particular case, Kuensel found that the delay was because two of the three judges, to avoid conflict of interest, could not be involved. The case regards the construction of the Supreme Court complex and drangpon Jigme Zangpo is the project director for the construction. Drangpon Tshering Wangchuk was also involved in the case earlier, for issuing an order to transfer the case from one district court bench to another, when the case had already begun.

Once an appeal case is registered in the high court, a bench with at least two to three drangpons has to decide it.

However, going by the Constitution, the appointment of judges to high court could be delayed. The Constitution states that the Druk Gyalpo, on recommendation of the National Judicial Commission, will appoint drangpons from the dzongkhag court or from among eminent jurists to the high court.

“But, in absence of the national judicial commission, appointments might take time,” said a source in the judiciary. “And the judicial commission can’t be formed unless there’s a supreme court, because two of its four commission members should be the Chief Justice of Bhutan and the seniormost drangpon of the Supreme Court.”

Sources say that there will, however, be no dearth of judges to fill the benches of the high court, because there are enough capable lawyers serving in the district courts. “A problem might arise in appointing judges to the Supreme Court because, as per the Constitution, a district court judge can’t directly be appointed as a Supreme Court judge although he may be capable,” said a Kuensel source.

Some of the lawyers told Kuensel that it is the prime responsibility of the state in a modern society to uphold the rule of law, but there is today “strong emotional expressions among young and old judges as to why they aren’t given due recognition as envisioned by the monarchs and why there’s this delay in the appointments only in the judiciary.”

“But our only prayer is that, if anyone is appointed to the highest office in the judiciary, he or she transcends the people of Bhutan,” said one of the lawyers. “Judiciary in Bhutan, if not the best, is one of the best in the world.”

A litigant, who is aware of these developments in the high court, said that he is concerned about his case, which is yet to be resolved. “If we can’t fill the benches of the high court, how can we fill the benches of the supreme court?” he questioned. “The backlog of cases in the high court will continue increasing until appointments are made. Prompt justice is a serious concern for us litigants, as well as for an independent judiciary.”