TSJC orders Kashag to issue apology or face retribution
DHARAMSALA, 26 Nov: The Tibetan Supreme Justice Commission(TSJC) has ordered the Kashag(Cabinet) of Central Tibetan Administration(CTA) to apologise to former Speaker and Tibetan Representative to North America, Penpa Tsering or face retribution.
Reiterating its ruling over a defamation case filed by Penpa Tsering, the TSJC has ordered the Kashag to issue an apology to the plaintiff in all the news outlets of the CTA in Tibetan as well as in English before 4:00 pm of 27 Dec or face the penalty of forfeiting the entire Cabinet’s right to stand for election and cast votes. The Tibetan court made the statement in a notice it issued on 22 Nov directing the Kashag to adhere to its earlier verdict.
The development came after the plaintiff approached the court with an application on 20 Nov requesting the court to implement Article 51 and 84 of the code of civil procedure of Tibetan judiciary as the Kashag failed to adhere to the court’s deadline to issue an apology to him.
The Article 84 pertains to contempt of court for not complying with a verdict while Article 51 states that any party can appeal for non-compliance of a verdict and the court’s power to withhold rights of the violators from standing in elections and their voting rights.
On 14 Oct, the TSJC in its ruling cleared Penpa Tsering of the entire ten-point charges cited by the Kashag for his ousting from the office.
The 1,028-page verdict of the TSJC stated that the Kashag did not follow proper rules and regulations in its decision to dismiss Penpa Tsering from the Office of Tibet in Washington. The court also declared that the plaintiff has proved his entire arguments whereas the defendant failed to prove the entire 14 points required of it by the court. The court further ordered the defendant to pay INR 98,700 to the plaintiff which was incurred by the latter as his lawyer’s fees.
The Kashag has partly honoured the Tibetan court’s order by paying the fees of the plaintiff’s lawyer but has failed to issue an apology to the plaintiff as directed by the court.
Penpa Tsering filed the case in the Tibetan Supreme Justice Commission challenging the reasons cited by Kashag (Tibetan Cabinet) for his termination from the office in may Last year.
