1 TRANSLATION OF THE PROCEEDINGS AND ... - APFA News

The Chief Justice said that although it is difficult, it would be up to the
Assembly members to decide whether the fee for the Jabmi should be fixed or
not. However, it is important that the Assembly keep in mind the three essential
characteristics of governance, which has guided all national decisions and
activities. While the National Assembly makes the law, its administration and
implementation is as important. Moreover, the judicial system should be such
that it is not only appreciated within the country but it can also be appreciated
by the world and is above any criticism. Therefore, on the matter of fixing the
fees for Jabmis, middlemen and legal representatives, the Judiciary feels that at
this point in time it would be difficult and also inappropriate although it
appreciates the concern behind the proposal.
The Chief Justice explained that it is not only difficult but also inappropriate
because the Jabmi should be determined by the need and demand for the
services. Moreover, one of the main features of the Bhutanese legal system is
that self-representation by the litigants in any court of law is permissible and
every litigant has the choice to be either represented or not by a Jabmi.
Therefore, despite the existence of the Jabmi practice it is not required that all
litigation is carried out through a Jabmi. Furthermore, a range of payment to the
Jabmi is clearly spelt out in the da 3.3 of the Thrimzhung Chhenmo. However,
the above have been submitted as information to the Assembly and it is up to
the Assembly to consider and make the final decision on the matter of the fees
for the Jabmi.
The Chief Justice pointed out that with regard to the proposal for the
systematization of the roles and responsibilities of the Jabmi, the code of
conduct of the Jabmi and other related matters are covered by clause 13, page 3
of Bill of Civil and Criminal Procedure Code. In addition, da 3.2 to da 3.15 of
the Thrimzhung Chhenmo also makes general provision with regard to the
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