Signboard of Tibetan Supreme Justice Commission. Tibet Sun/Contributor
By Lobsang Wangyal
McLEOD GANJ, India, 23 November 2019
The Supreme Justice Commission of the Central Tibetan administration has given the Tibetan exile Cabinet till 27 December to apologise to plaintiff Penpa Tsering as ordered in its judgment on Case no 20.
Failing to apologise, eligibility to run for office and the voting rights of all seven members of the Cabinet, including the President Lobsang Sangay, will be withheld until an apology is offered. The Tibetan Supreme Justice Commission issued this new order on 22 November.
The Sangay-led Cabinet failed to offer an apology as ordered by the court on 14 October in a defamation case that resulted from Penpa Tsering’s termination from the post of the Representative of the Dalai Lama in Washington DC in November 2017. He was charged with dereliction of duty, insubordination, and deficit of trust, supported by 10 points of charges, which were found groundless by the court.
Penpa Tsering’s lawyer’s fees, amounting to 98,000 rupees (1,400 USD approx), has been paid by the Cabinet, as required by another section of the 14 October order.
The Tibetan court in ruling on Case no 20 cleared Penpa Tsering of all the charges, and ordered the Cabinet to apologise, using language stating: The Cabinet has charged Penpa Tsering without credible evidence, which has damaged his image and reputation, and therefore has been ordered to offer an apology. The court further ordered that this apology must be published, in both Tibetan and English, on all CTA information outlets.
The case was originally filed by Penpa Tsering in May 2018.
Penpa Tsering appealed to the court on 20 November to take cognisance of the Cabinet’s failure to apologise, requesting implementation of Articles 51 and 84 of the civil procedure of the Tibetan judiciary.
Article 84 of the code of civil procedure of Tibetan judiciary pertains to contempt of court for not complying with a verdict. Under Article 51, any party can appeal for non-compliance of a verdict, and the court has the power to withhold rights from the offender for standing in elections and for voting.
In the appeal submitted to the court on 20 November, seen by Tibet Sun, Penpa Tsering wrote that being a responsible Tibetan, he was obliged to appeal in order to protect the sanctity and credibility of the Tibetan Supreme Justice Commission and the faith of the people in the Tibetan judiciary, to safeguard the democratic system.
He also stated that more delay by the Cabinet in complying with the order would further affect stability and harmony within Tibetan society.
Lobsang Sangay say he’s fighting against China for democracy, equality and rule of law. What happened to these ideas when it’s his turn to respect them?
If there’s any speck of morality in him, he should have offered to resign after the SJC’s judgement in October when he lost the case.
Other Kalons are all accomplices in this shameful muddle. This Kashag has lost its credibility. Selfish and mountain-like ego of LS brought unprecedented division in our society. Our cause has affected tremendously.
It will make his own image good if he comply with the SJC judgment. Else stop complaining against China.
In the annals of history only a few people have the luck to shine. Will these Kashag members take this rare opportunity to write a simple apology and be done with the present fiasco? Or they be condemned who brought unnecessary discord to the Tibetan unity. Do they have courage and honor of Drongchung Ngodup la and Dekyi Choyang la who gave up their Kalon posts for the greater good of the Tibetan nation, rather than continue to hang on with a corrupt Sikyong?
I have no hope with Sonam Topgyal for he was once already convicted of embezzlement while posted at Simla years ago. Nor do I have confidence with Karma Gelek, but those of you Karma Yeshi, Pema Yangchen, Choekyong Wangchuk, and Phagpa could resign from their posts and come out clean once and for all. They would be recognized as heroes.
In the exile Tibetan government, we had history of ordinary staff scarifying their career for the greater good of the nation and the people. At least we would not forget in recent memory more than 150 Tibetans in Tibet made the ultimate sacrifice for the Tibetan nation and people.
In a nutshell, this present Kashag, will you be on the right side of Tibetan history or not? Right now, you have this rare opportunity which you must willingly grab, or be condemned in history.
I totally agree with Khampa Warrior. LS and his Kashag have already created an ulcer to many Tibetan people, and it is their duty either to obey the law or resign for the greater good of the Tibetan Nation and Unity. LS and his surroundings are without backbone. He always says senseless things to the public and others.
I have been a life long member of TYC. I have attended countless of TYC Tsokchens and Gyenzin Lhentsoks and heard our leaders speak on democratic principles and rule of law. Among those leaders were Karma Yeshi la too, who I have seen as a young, energetic and truthful leader. I have always looked up to him as a good inspiration. I feel sad and deceived now when I see him among Lobsang Sangay and his immoral kashak, supporters and when people compare Karma Yeshi la among Dhadon Sharling. I hope and pray Karma Yeshi la can come out clean and immediately resign so as to maintain his years of reputation and trust and hope of many people like me, especially many TYC members.
Immoral Kashag? OK so you say but why not state the immoral actions and then reveal your conclusions?
As it is said: actions speak louder than words!
You have stated your conclusions: why not state the facts that support your conclusions?
OK OK we get it that you are not a supporter of LS, but just number the facts that document your conclusions. Please! Pretty please?
Penpa Tsering comment that if Kashag doesn’t apologize there will be further instability and harmony within Tibetan society. I don’t see any instability within our community, Penpa Tsering himself and his Thugs are the ones creating the disunity, our community is very peaceful. Penpa Tsering is using the platform in the name of disharmony to gain his own political agenda.
Karma, you are wrong as LS and Kashag are not following our constitution. LS is the one who spoke during the March 10th in public address that if PT was not satisfied with Kashag’s 10 points then he could be taken to Court. PT followed his advice and followed the procedure. Now that judgement is not in their favour then they refused to obey. But it is strange that he paid 98,000/- to the lawyer but not making a public apology. This shows his Ego. LS and this Kashag has distablize our unity since 2016.
The Kashag and the Kalons are showing wrong precedent. If they are thinking they are citizens of US or others, that it will not matter with them, then they are thugs, and should he expelled from Tibetan community. From my understanding, LS is not ready to issue apology. I doubt if other Kalons would.
Lobsang Sangay’s case is about $1.5 million to buy a property for CTA.
But Dawa Tsering’s Yongling Kindergarten case is about a $2.5-million property that he is trying to keep for himself.
The weight of these two cases is like that of an elephant and an ameoba.
Case number 22 should be about Yongling Kindergarten. Who’s bringing the case?
Interested in your point but I don’t know about the case.
PT was for years in Dharamshala among the highest echelons of Tibetan CTA and he not only knew the rules and regulations but probably wrote them too.
So someone in the know may be an elephant, and an outsider may be an amoeba?
Well, we learn from our experiences that there is no cure for rivalry. It’s a sad fact that it stays there infinitely (despite the patch-up strategies in this case).
If the sitting cabinet members have no political ambitions in the exile diaspora, I don’t think there is anything to lose. Sangay’s term will be up in a year or so, and he will head back to America to enjoy red sox games, starbucks coffee, air conditioning, and central heating.
What remains to be seen here though, is whether PT will run in the next election or not. And if he does, whether he will win or not! It’s interesting because remember, his image has been maligned?
LS’ image is scarred even more, and so are his other cabinet members. I don’t think LS and his gang are done milking the Tibet issue. LS had almost no job when he ran for office. His contract with Harvard was coming to an end. His sponsor Ing Foundation of Taiwan, who had been paying Harvard to keep him, had paid for his stint in Harvard till then. So, am not sure if he will get any plump position like Sikyong again outside Tibet’s issue.
Likewise for others. Where will Choekyong and Karma Yeshe go? They have no talent otherwise. Choekyong’s command over the Hindi language may fit him for coordinating Bharat Tibbat Sahyog Manch, but again it has to work with CTA and the next Kashag.
So, my assumption now is that these Kalons will prevail over LS to tender the apology, and LS in fact is left with no choice but to agree with his gang.
With all these, LS dragged Sharling, Karma Yeshi, Choekyong, Yuthok, and many others down with himself. Heard Lobsang Dakpa, lawyer of “Harvard law graduate LS” is also in trouble for mocking the Supreme Justice Commission. His apology is also to follow. Haha and if he decides otherwise he may lose his license to practice law in Tibetan court. Which anyways, he knows nothing of. He may have passed his degree by doing copy, cut and paste everything.
Tibet Sun, please do a story on the rumoured show-cause notice issued against Lobsang Dakpa as well.
Kudos to our Supreme justice Commission. For making us realize once again that there is no one above the law. Thank you for protecting the faith and foundation of our democracy.
LS and the Cabinet must do as the command of TSJC. This is an obligation not a choice.
Wake up Kalons, it’s time to speak up, leave your egos or fears aside.
And say SORRY.
The Kashag and its Cabinet need not worry at all for now and for their future.
The reality is evident before all of us, that there is nothing to worry about whether they comply with the judgment or not, it will make no difference. Their right to vote may only be curtailed, but that doesn’t stop them from assuming any public post now or in future.
We all have the best example of Mr Dawa Tsering and the Yongling dispute. Where he till date didn’t comply with the Justice Commission judgment, but instead took the commissioner of the Commission to Indian court, he was still appointed as a Tibetan parliamentarian.
Here the question is, did the Tibetan Justice Commission issue notice to Mr Dawa Tsering under Article 51 & 84 of the Charter then?? Moreover, in India curtailing one’s right to vote is an infringement of one’s own fundamental rights, which can be challenged before Indian court of law.
You should learn more before you talk, Dawa Tsering is willing to give Yongling school, but CTA couldn’t take over the management and be responsible without any funding.
Thanks for the photo of the logo or seal. But this presents a question: commission or enquirer body does not equate to court.
Any elucidation will be appreciated because a commission is preliminary to court.
That the court can take away the right to stand for elections seems justified, but the claim that the court can void voting rights on a defamation case seems extra-judicial.
The problem arose from an election that saw the use of election ads that appealed to basic human instincts by both the top candidates. The candidate who tried to appeal to rational and contrarian thinking was ostracized in Dharamshala.
Was PT hired by LS in obedience to HH the Dalai Lama’s advice for unity?
Complaints are bound by reasonable remedies, and all trials are to be conducted within the bounds of relevance. Undue and unduly burdensome remedies are not considered in normal fora.
PT deserves apology — but obviously not in all media — and back pay. Anything more impinges on the rights of six million Tibetans and the sanctity of democracy.
This order is for contempt of court and not following its order. It’s beyond defamation of an individual. It’s about not respecting the highest institution of Tibetan democracy.
A decision by “high office of inquiry into legal matters” is “the highest institution of Tibetan democracy”?
OK but I thought “the highest institution of Tibetan democracy” was election!
Sorry for the misunderstanding.
My point here is an inquiry upon when an inquiry body became a “court”?
I recall when high spirited Tibetan students were held up by monks and beaten bloody in the name of respect for elders.
Open letter to Karma Yeshi and others in the cabinet who still have some moral qualms:
What did you make yourself now? You murmur His Holiness the Dalai Lama’s name like mantras. When you give talks to public, foams churn from your mouth as you talk about how our democracy is important. Don’t you still feel a little bit hypocritical?
Many of us sat through all these TYC workshops that you led based on the above values. Never knew you are such a hypocrite. You know who are not hypocrites? Tenzin Tsundue and Dhothoe Chithue Lobsang Yeshi.
There is still a redemption: Be the first among Kalons to resign and offer apology. By offering apology, you will not become small. You are respecting democracy!
Autocracies like China do not respect the rule of law. In democracy, it is the rule of law that matters the most. Not wealth, not power or show of force.
Millions of $$$ that LS is credited to have got from the US State Department for CTA is all done in the name of Human Rights and Democracy. Now where is democracy?
LS is trying to subvert the very democracy that His Holiness the Dalai Lama (HHDL) seeded like a great Bodhi tree, the sapling of which we the exiles intend to transplant in our motherland when things change for the better.
Consolation is, the sapling of democracy HHDL seeded seems to be not that weak. My salutations to our Justices. It is strange how history chooses heroes and villains.
LS has every opportunity to become a national hero in the line of Adruk Gonpo Tashi and others. But what did he choose to become?
Justices are usually an asterisk in the annals of history, but when thrust forward to defend constitution and democracy, they become heroes and national pride. So far our Justices are not failing us. They have the choice to become giants among us, or pygmies. I hope they will choose to become giants of our history. I tip my hat to them. RESPECT.
There you go!! Now Karma Yeshi and Choekyong Wangchuk must be feeling churn in their stomach. Others I don’t think would ever stand anyways.
I agree with PT. If he hadn’t appealed again, it would have hurt the sanctity of the institution of Tibetan Judiciary.