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

fees for Jabmis would not be appropriate and beneficial at all and could cause
lots of inconvenience and difficulties.
The Paro Chimi submitted that it is essential for the Cabinet and the Judiciary to
take a lead role in formulating a rate for Jabmi. If there were no fixed fees, the
richer party would then pay more and get a very good Jabmi while the poorer
party can only pay a lower fee and may only be able to get a less competent
Jabmi. Quite obviously, the outcome can then be predicted even before the
actual litigation has taken place. Therefore, it would be beneficial and necessary
that the Judiciary takes steps to address this issue.
A Royal Advisory Councillor submitted that there is no need for the Assembly
to fix the fees for the Jabmis, pointing out that ‘just as sand submits to water so
do the Bhutanese abide by the law’. He cited cases of certified Jabmis taking
cases from court to court on the basis of unfairness and finally ending up at the
highest authority in the country. The cases were subsequently commanded to
the Royal Advisory Council. An analyses of such cases reveal that interference
by Jabmi is the main reason for the lack of consensus and inability to resolve the
conflict.
The Councillor pointed out that cases settled easily by the local leaders in earlier
days over some food and drink is today a matter of litigation in a Court of
Justice to be taken by no one else but the certified Jabmis. It is because of this
that nowadays it seems that the fees have been raised over tens of thousands.
Therefore, if there were no certification of Jabmis the poor people would be
benefited.
The Cabinet chairperson pointed out that the Jabmi practice was initiated by the
Judiciary in the interest of the poorer section of the society who may not have
knowledge of the law and legal system in the country. However, the problems
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