23.12.2012 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

country depend upon the presence of a strong judicial system. As the country<br />

undergoes changes according to time, there is a need for a strong Judiciary<br />

without which there would be no peace and prosperity in the country. The<br />

Chimis extended gratitude to the Judiciary for preparing such a code with great<br />

vision and insight. They however pointed out that there are contradictions<br />

among provisions on page 1. The article 1.2 stipulates that no provisions of the<br />

Code will affect the clause Om Ah Hung of the 1959 Thrimzhung Chhenmo.<br />

Nevertheless, the fact that clauses Ka to Chha of the article 1.3 are repealed,<br />

chapter 11 and 12 and Ka-5 of Thrimzhung Chhenmo, articles Ka-13, 19, 27,<br />

28, 29 and 30 Police Act of 1980 is a contradiction. Therefore, they requested<br />

that the two articles should not be included in the Code. All the law in the<br />

country should conform to the commands of His Majesty the King who is the<br />

ultimate object of trust and confidence of the people, the source of love and<br />

well-being and also the object of refuge. If the National Assembly repeals the<br />

commands of His Majesty the King, a time may come in future when no one<br />

would respect His commands. It is also an inauspicious omen. They requested<br />

that unless His Majesty commands otherwise, the clause should not be repealed.<br />

The Hon’ble Chief Justice responded by saying that the inclusion of the clause<br />

1.2 should be considered by the honourable members. However, if slight<br />

changes are not made in clause 1.3, there will be many inconveniences while<br />

cases are being adjudicated. It is important to consider changes in words of the<br />

clause rather than repeal it altogether.<br />

There has been no specific command of His Majesty the King while the<br />

National Assembly amended provisions Ka to Cha of the Thrimzhung Chhenmo<br />

earlier. There is no deviation in procedure when the provisions are being<br />

repealed today. It is important for the honourable members to consider if His<br />

Majesty’s name should be referred to every time laws are amended.<br />

A Royal Advisory Councillor said that the people express their concern when<br />

they challenge the repealing of articles indicated in clause 1.3-Ka to Chha.<br />

227

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!