Lobsang Dakpa, defendant lawyer of President of Central Tibetan Administration Lobsang Sangay and his Cabinet, speaks to the press after the first hearing of the defamation case filed by Penpa Tsering against them, in Dharamshala, India, on 5 June 2019. File photo/Tibet Sun/Lobsang Wangyal
By Lobsang Wangyal
McLEOD GANJ, India, 9 December 2019
The Tibetan Supreme Justice Commission revoked the license of the Tibetan Cabinet lawyer Lobsang Dakpa after he had criticised the court’s judgment of Case no 20 as biased on 14 October, and then failed to appear for a second time to a contempt hearing regarding his statements.
Dakpa failed to appear today at 10:30 am, and a court staffer announced at 10:45 am that since the defendant didn’t show up, the court would give a decision concerning the matter at 2 pm.
In a seven-page decision, the Tibetan court stated that Dakpa will not be able to practice in any Tibetan court, with immediate effect.
Additionally, the court declared him a contemnor, and ordered him to offer a khata (ceremonial Tibetan scarf) to the Dalai Lama’s throne at Tsuglakhang Temple in McLeod Ganj and to offer 100 butter lamps as signs of apology, both to be accomplished within 15 days.
In the order, the court has given a clarification to Dakpa’s charges, including why the confidential documents were withdrawn, and pointed out his failure in following the procedures to bring his witnesses.
The court concluded that Dakpa has infringed the law, bypassed the ethics of a lawyer and the responsibilities of a Tibetan as enshrined in the Charter, been inconsiderate to social harmony with his baseless accusation of the court’s decision, and has mocked the court’s procedure and its reputation, creating doubts as to the power and procedure of the court, blatantly inciting social disturbances, and damaging the democratic process of the exile Tibetans.
Dakpa didn’t have anything to say when Tibet Sun contacted him. “I do not have any comments as of now.”
Hello Tenzin Namgyal, do you really think you are making sense? What kind of law degree you have? Who appointed you to be a legal consultant to CTA? I suggest you to attend some more law school, or read some more books.
Khrimpon, from Toronto, may not be a lawyer, but he’s making better sense than you.
Everybody knows that CTA is not a government, it’s a society. TSJC doesn’t function as an independent court. Doing so would be undermining the law of the land. Everybody knows that. It works only as an arbitrator to decide on disputes among those who subscribe to its Charter/rules.
Like Khrimpon said, if the participants agree, which is exiled Tibetans in this case, then the disputes can be resolved by TSJC. But as a sign of not an independent court, it has no police, no jail, and it doesn’t use the IPC (Indian Penal Code) to justify disputes. TSJC will never take cases that are beyond its scope.
It is not important for the justice commissioners of (TSJC) to be trained lawyers. There is a set of rules that they have to follow. And of course, they have to have common sense to perceive what’s right from wrong before they come to any conclusion.
If you are practicing law in NYC, I feel that you are doing a disservice to your clients with your insufficient knowledge.
VOA, RFA, and other media should ask tough questions and cover these issues and stop censoring.
I had questions when the Tibetan Government-in-exile name was given up:
My understanding was that when HH the Dalai Lama was forced into exile, the Indian government was whishy washy: it was communicated to Indian Government that HH the Dalai Lama would the go to a third country.
Indian Government the recognized HH the Dalai Lama as representing Tibet’s Government-in-exile with so many Tibetan armed bodyguards and protocols of a head of state.
The office of Tibet in New York was close to UN and the phone could be reached by dialing “Tibet”.
Just to say do not lightly diss Tenzin Namgyal. Let’s use facts.
I will try my best to explain the role and power of TSJC:
1. CTA has no legal recognition (legally CTA is registered under Indian Societies Act).
2. TSJC being a branch of CTA, it has no legal sanctity, although TSJC is apex judiciary body of CTA and its verdict applies to Tibetans in exile. TSJC works as an arbitrator, as TSJC can’t function like sovereign court as law of the land, ie Indian law. TSJC can’t act as independent court, as that would amount to directly challenging the law of the land.
3. Technically TSJC has jurisdiction over petty civil cases between Tibetans only. It can’t entertain other civil suits (of course no to criminal cases).
4. The structure of TSJC is inspired from Tibet’s legal system prior to the Chinese occupation, and from existing democratic nations, but the power of TSJC is remotely limited. Hence fines are obsolete.
We need to respect and be proud of the existence of TSJC. Of course there are many shortcomings, as justice commissioners are held by bureaucratic without legal education. There’s still a long way to go.
If you go by strict rule of law, a person must abide by law. If the law seems unjust, it is the duty of legislature to amend and change the law. Although the judiciary may temporarily use its legal wisdom to cure the unjust law, but it is the legislature which has first cut. That’s the beauty of separation of powers.
For more information DM me
Namgyal
Former legal consultant to CTA
New York
Tenzin Namgyal you seem to have zero legal knowledge of the legal system or understanding of how the law works. In any country, there exist multiple legal systems, more so in India. What makes anything legal is what the participants agree. The Jews in America often go to the rabbinical court of Judaism, and although it has no mandate in the American system it is accepted by the Jewish community, that makes it legal for the Jewish community. Take the example of Tibetan marriage ceremony, most Tibetans get married without doing state registration but our marriage ceremony legitimizes a marriage in our community. The Tibetan courts never claim to have jurisdiction over non-Tibetans, the court jurisdiction only extends those who agree to participate and accept the authority of the court. IF any individual chooses to use the court, they have to abide by the decision of that court.
Namgyal, legal consultant to CTA, you are funny. Have you tried standup comedy?
Namgyal, Former Legal Consultant to CTA??? As Monlam Tharchin said during the parliament session, “Gaymo Kupnay Shorkey Du.”
Where were you, Mr. Legal Consultant, when Lobsang Sangay said that this dispute can be settled only at the Tibetan court? Why didn’t you write or advise to Lobsang Sangay then?
If what you wrote hold any credibility, provide your phone number here so that I can contact you. DM me? But where Mr. Legal Consultant? Is this how you do your litigation?
Tenzin Namgyal la, I agree that we need to abide by the law of land (Indian law) but this TSJC is formed to check the other two organs of government (Kashag and Chitue). The Tibetan Government-in-exile name was changed to Central Tibetan Administration and there is a reason behind it. Even though we are not a full-fledged democracy, we are taking steps towards a democratic government.
ALL Tibetans including LS, Kashag, and this so-called lawyer Lobsang Dakpa need to follow the verdict, otherwise strip their CTA positions. I am sick of these arrogant people, they have caused a lot of problems to us since his election of 2016.
Tenzin Namgyal, if what you said holds an iota of truth, tell LS to do some homework before he speaks in public. It was LS who made the chicken’s roar during the March 10th ceremony, challenging PT to knock on the court’s door to seek proper justice. Now from what you have said, Tenzin Namgyal, go knock on LS’s door, slap his face, and give him a lesson on the Tibetan judiciary and its jurisdiction. My advice to LS, Kashag and people of your mentality is: Settle domestic disputes at home. If you decide to take it to the Judge, honor the verdict gracefully, instead of making foul cries which will make you more miserable.
It is just natural that Lobsang Dakpa should be asked to resign from the membership of TPIE. How can someone who has no respect for the law be a part of law making body? Can the court use the same yardstick to sue Mr. Dawa Tsering? I think they should.
Great job Tibetan justice dept. Shame on our kashag lawyer and current kashag led by LS. They think they are above the law. Let’s see what LS has to say next on this. Our media should question LS.
Who cares about the so-called Tibetan supreme court, it is a fake court. What qualifications do the judges have? Have they studied law in any country? What statute books they based their decisions? The so-called Supreme Court is no more than a group of [people] sitting and passing judgement. It is better if the Tibetans soon realize that we are a force to live in a world of delusion and useless politicians pretending to be important. It is [un]lawful that these [people] continue to think they are relevant.
Tenzin Dorjee, you should be ashamed for criticizing our Justice System. Are you really Tibetan or paid by some to write this note? Did you study law? Do you know our Tibetan Constitution? Do you know the law of Karma? LS, Kashag and his lawyer need to resign!!
Tenzin Dorje: You should be ashamed of supporting the convicted culprits. TSJC based their decision on the Tibetan Charter. TSJC issued a 1,028-page verdict. Go through the verdict and pen your opinion here. Don’t be like morons like Home Kalon Khorlatsang and convicted Lobsang Dhakpa who declared the secret verdict as biased and untruthful within hours of the issuance of the verdict. Who the hell in this world can read a 1,028-page verdict within an hour and draw conclusions? Don’t do the same mistake Tenzin Dorje. We currently have convicted criminals leading the Central Tibetan Administration. Don’t be an accomplice by supporting criminals.
LS, Kashag, and his Lawyer need to resign immediately. Chitue need to pass a no-confidence motion against them. LS and his Kashag has created a lot of problems since the 2016 election, 2017/18 firing of Ari-Dhonchue with no valid reason, and now not following the Law. Resign!! Impeach!! No-confidence Motion!!
The guy who came swinging his gun to defame an honest, hard-working, and law-abiding civil servant, in the end himself became a pariah from the law. What an enterprise LS is running?
1. LS and his lawyer Lobsang Dakpa first insisted that if PT has complaints about his firing, he should take it up with the Supreme Justice Commission.
2. When PT took it to court, they appealed to the Supreme Justice Commission (SJC) to reject the case, stating that it is a matter related to His Holiness the Dalai Lama (HHDL) and the case will unnecessarily drag His Holiness’ name.
3. When SJC said the matter was not related to HHDL, then LS and his lawyer appealed for several extensions. SJC granted at least two, but when SJC saw that LS’ game plan is to wait out the retirement of Chief Justice Kargyu Dhondup, SJC said no more extension and the case moved to its conclusion after much delay.
4. When Chief Justice retired LS and his lawyer once again attacked SJC verdict as biased and refused to accept it, hoping that matter will die down.
5. PT saw that undermined Supreme Justice Commission will do irreparable damage to more than 60 years of hard work of building a strong democratic society based on rule of law. He once again took upon himself the role of civil defender and appealed for contempt of court. This time stalwarts in the name of Sonam Norbu Dakpo and his two associates rose to the occasion to defend our rule of law.
In the end despite all LS and Lobsang Dakpa’s dirty tricks, it was a victory for democracy and the rule of law. People should be careful how we vote. Our focus should be inside Tibet but to secure rights in Tibet, first we should defend the institution our older generations built for us to secure our future.
“We the people” should have the honor and confidence to put names and addresses to the statement.
“In the end despite LS and Lobsang Dakpa’s all their dirty tricks.”
This seems to be defamatory and libelous–will you honor the standards that you use to judge people you are against?
I regard this as a learning moment: maybe we will get a lexicon of Tibetan words for legal terms in international law.
Suzerainty and autonomy in old Tibetan translations seems deceptively like self-government when in colonial legal terms it means not independent and under the thumb of foreign colonial powers.
How would you secure rights in Tibet by attacking the duly elected Sikyong?
“Don’t argue with someone who believes his own lies” Buddha
Gangchenpa: Lobsang Dakpa is ཁྲིམས་ཀྱི་ནག་ཉེས་ཕོག་པ། now. And soon LS if refuses to offer apology, he will be too.
Yes, LS kashag is duly elected so far. But once he refuses to honor the supremacy of court, he is a pariah too. He loses his duly elected legitimacy.
I appreciate your coming over here to put your point of view, instead of getting angry. But get some education too.
Oh, sorry. I know you are monk teacher in Arizona.
The Buddha said
Do no harm, cultivate goodness and tame your mind.
But you say
Found guilty by law
My point: What law? Because laws are made by men in power but Justice is not man-made. So in a fair and just situation where we condemn libel and defamation, we should back up a statement with facts.
If he fails to accept and adhere to the court’s order then his dham-cha-dhem-che rights should also be suspended. He shouldn’t be allowed to stand in any election and shouldn’t be allowed to vote.
Kashag has been held in contempt and has been warned of the same consequences. This person Dakpa should also be given the same warning.
It would be a shame for all of our Dotoe people if he remains to be a Parliamentarian even after this issue. He needs to resign on moral grounds. He didn’t follow the court’s order, which automatically goes against the Tibetan Charter, that he promised to follow during Chithue’s oath ceremony.
This Case no 20 is a classic example of “Na na chey la dhakpo magyap na, ri ri oohla opkya shor yong”.
Thank you Tibetan court. Good decision. Thank you also Tibet Sun.
A lawmaker, not only not abiding by the law, but speaks in contempt of the court that implements the very law he makes, what an irony! Does he have any credit left to continue to sit in the Parliament as an MP?
Great Job!! Sonam Norbu Chief Justice la, this man should be expelled from Tibetan Parliament too. They think they know all but there are the ones who do not follow the law. How CTA can expect other common Tibetans to follow the Law? LS and Kashag members should resign immediately. Chitue should start no confidence motion against them. This Kashag has created lot of problem since election 2016. Shame on LS and Kashag.