Dharamsala, December 8 – No one turned out victorious in what seemed a one-man v/s the government legal battle which did not even reach the battlefield. Dawa Gyaltsen, who earlier filed a legal suit against Jadur Sangpo, the Tibetan Supreme Justice Commissioner in Simla High Court, withdrew his case from the state’s apex court.
Dawa was summoned on November 4 by the Assembly of the Tibetan People’s Deputies and the Kashag, who had accepted to fund the case described by the Supreme Justice Commissioner as a challenge to his court’s order.
Mr. Dawa was told that the possible fallout of the case might result in questioning the very existence of the Tibetan Administration and cause closure of the Administration on the order of the court.
Mr. Dawa, in a letter sent to the ATPD and the Kashag, said that the two esteemed offices did not “mean to pressurise him to withdraw the case and that they had asked him if he could reconsider his decision to fight the case in high court.
Dawa also said that he had no other options since ripping him of his electoral rights and debarring him from contesting for an elected office was unconstitutional and against the spirit of the universal human rights. His said he was defamed and his reputation suffered badly due to this and that it had the effect of ostracizing him from his community.
Dawa expressed his displeasure over the Kashag and ATPD’s acceptance of sponsoring the case. “Given the source of income of the Tibetan Administration- voluntary monthly contributions by the Tibetan people and their supporters, charity funds and grants from His Holiness- it is a crime to finance a case on behalf of a corrupt official”, he wrote.
He argues that this would set precedence for financing cases in future involving any official of the administration, and that while the higher officials are given financial and other protections, lesser officials would have to fend for themselves.
Calling the possible fallout of the case as mere speculation, Dawa said he takes the words of the cabinet and assembly on their face value.
“It has never been my intention, nor do I wish to see a situation where existence of the Tibetan Administration is in jeopardy due to misconduct of its officials. Moreover, I can not bear to see public funds being spent to protect a corrupt official”.
Appealing that his electoral rights should be restored in the interest of truth and justice, he said that he is prepared to withdraw the case. “…in spite of misconduct of the Justice Commissioner, which has caused irreparable damage to the Tibetan Community, and the mental and psychological agony which I had been subjected to, I am open to change of heart for peace and goodwill”, he remarked.
