Author Topic: CTA getting sued by their own  (Read 549 times)

dsnowlion

  • Hero Member
  • *****
  • Posts: 676
CTA getting sued by their own
« on: November 23, 2019, 07:58:22 AM »
See more and more Tibetans are standing up against CTA and taking them to court. This time another one of their own who is suing the CTA for violating his rights by denying him his retirement home.

“A retirement home is my hard-earned reward for my service in the CTA for 24 years of service,” Phuntsok says. Oops someone's been used and abused and spat out? I guess not everyone is going tolerate the CTA's bullying any more. Sorry no matter what, they are still not a Lama/Dalai Lama and Penpa's case have shown them the light!

The CTA's defence lawyer argued that the change in the rules was on the basis of the Government of India rules, which prohibit foreigners from living in the Tibetan settlements. But the rules were amended in 2017, but his retirement was in 2009 and he was put on the waiting list then for a home. “They are implementing retrospective legislation, which is unfair.” Tell me what is FAIR in CTA?


He also asked “Why is it a problem to take citizenship of another country?” Oops... he is right, why can't they, and we've been asking this same question. So how come Sikyong can but other exile Tibetans cannot? Double standards do not hold people together for long. Is he going to bring out more of CTA's dirty trash? Interesting to keep an eye out.

Quote
Tibetan files case against CTA for denying retirement home

A retired official of the Central Tibetan Administration (CTA) has filed a case against the Department of Home and the Cabinet for denying him retirement home.

Kalsang Phuntsok, who retired in 2009, in his lawsuit filed with the Tibetan Supreme Justice Commission claimed that the CTA violated his rights by denying him his retirement home.

“A retirement home is my hard-earned reward for my service in the CTA for 24 years of service,” Phuntsok says.

The defence lawyer Tsering Dhondup said that Phuntsok has been denied the home because he has a private home and has foreign citizenship (US), which make him ineligible according to CTA rules amended in 2017.

Phuntsok has been receiving housing benefits in the form of monthly rent since his retirement as the rules do qualify him for such benefits. His name was on a waiting list to be given a home, and he has been given rent benefits since then.

Due to the change in the rule in 2017, he was removed from the waiting list for a home.

Responding to the defence lawyer in the court, Phuntsok said that he doesn’t own a house. The house the defendants have been referring to belonged to his sister. The land was bought using an Indian proxy, as Tibetans do not have rights to buy land in many states in India, which includes Himachal Pradesh.

Phuntsok’s family had been given power of attorney to use the land by the proxy. However, Himachal Pradesh state passed a rule in 2002 that confiscated all lands bought with proxy, and that properties would be leased to those who were affected by the change.

However, the rule is yet to be implemented, and his family continue to live in that house.

Purchase of the land using a proxy and the power of attorney given to his family were pointed out as proof that he didn’t own the land. He also stated that the house was built with the funds of his sister.

Responding to the issue of being a citizen of a foreign country, he said, “What about those who have citizenship of other countries but are living in retirement homes in Bylakupee in South India without any problems?

“But my fight is not against them. I am asking to have the same right.”

Quoting Article 8 (2) of the Tibetan Charter, he said that Tibetans in exile have the right to take citizenship of other countries anyway. “Why is it a problem to take citizenship of another country?”

The defence lawyer argued that the change in the rules was on the basis of the Government of India rules, which prohibit foreigners from living in the Tibetan settlements. Even any visit there needs a permission called Prohibited Area Permit.

Phuntsok also alleged that the rules were amended in 2017, but his retirement was in 2009 and he was put on the waiting list then for a home. “They are implementing retrospective legislation, which is unfair.”

The defence lawyer Dhondup said that there was no question of retrospective legislation because Phuntsok had not received a retirement home yet. “It’s not that we are taking back a home that he had already been given.”

Phuntsok’s is case no 21 in the Tibetan court, which was heard by the new Chief Justice Sonam Norbu Dagpo and his two associates. The court will announce the date of the next hearing.

Source: https://www.tibetsun.com/news/2019/11/22/tibetan-files-case-against-cta-for-denying-retirement-home

Tenzin K

  • Hero Member
  • *****
  • Posts: 835
Re: CTA getting sued by their own
« Reply #1 on: November 24, 2019, 04:32:37 AM »
This is interesting and should have happened earlier but now is not too late. At least Tibetans are motivated to speak up and find their justice over the CTA. This is really necessary and one after another should start question CTA for all their unjustice and corruption works. CTA owes Tibetan a lot and it’s right for Tibetan speaks up. Tibetans cannot allow CTA to do things that only benefit them and taking the Tibetans advantage for their interest. Now Tibetan should make a difference to protect their interests.

It is time for CTA to make a change to do work for their people. Tibetans should unite to stay together and fight together for their rights. Start from home.

Drolma

  • Sr. Member
  • ****
  • Posts: 494
Re: CTA getting sued by their own
« Reply #2 on: November 24, 2019, 07:18:43 AM »
Because of their refugee status, the Tibetans cannot buy a house and they have to resorted to using a proxy to purchased a property. But when the legislation of the hosting country changes, the stateless Tibetans will have to bear the loss like in the case of Phuntsok. Phuntsok has served the CTA for the last 24 years and the CTA did not give Phuntsok what he is entitled for. This is how the CTA treated Tibetans who have been loyal to them. This is also what the Tibetans have to suffer if they remain as refugees. Why won't the CTA do something to help these Tibetans? Why do they create more sufferings to their own people?

dsnowlion

  • Hero Member
  • *****
  • Posts: 676
Re: CTA getting sued by their own
« Reply #3 on: November 27, 2019, 07:30:14 AM »
Ah hahahahahahaha  ;D ;D ;D ;D ;D  ROTF

Penpa Tsering appealed to the court on 20 November as the Cabinet led by Lobsang Sangay failed to offer an apology as ordered by the court on 14 October.

If the cabinet or Sangay failed to do so, they are ineligible to run for office as well as the voting rights will be withheld until an apology is offered. ;D ;D ;D ;D ;D


Quote
Tibetan Cabinet given till 27 December to apologise in Case no 20

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.

Source: https://www.tibetsun.com/news/2019/11/23/tibetan-cabinet-given-till-27-december-to-apologise-in-case-no-20

Ngawang

  • Jr. Member
  • **
  • Posts: 58
Re: CTA getting sued by their own
« Reply #4 on: November 27, 2019, 08:26:55 AM »
CTA always had petty fights among themselves and obviously they have lost track of their ultimate goal which is to bring Tibetans back into Tibet. I wonder why the Tibetans have not asked their leadership on the progress of this ultimate goal that they have been working on since 60 years ago. It is suspicious to see that there is no progress at all on this matter while the CTA is putting in more effort into other useless matters that reaps no benefit for the Tibetan community. An example of these matters will be Dorje Shugden ban.

Tenzin K

  • Hero Member
  • *****
  • Posts: 835
Re: CTA getting sued by their own
« Reply #5 on: November 28, 2019, 06:16:02 AM »
Look like Sangay continue to challenge the court after he had lost the case. Sangay really thinks he is above anything and can do whatever he wants. I hope more and more people can see that Sangay is misusing his power for money. From the result of this court case, we hope to see more people stand up and speak up. Don’t allow CTA to take advantage of them. Be it Sangay or any of his colony should be taken for justice. It’s enough for the Tibetan suffered under CTA management. For the betterment of Tibetan in exile, the Tibetan has to do speak up and act as a unified body to make a difference.

Tracy

  • Hero Member
  • *****
  • Posts: 553
Re: CTA getting sued by their own
« Reply #6 on: November 28, 2019, 06:38:19 AM »
Look like Sangay continue to challenge the court after he had lost the case. Sangay really thinks he is above anything and can do whatever he wants. I hope more and more people can see that Sangay is misusing his power for money. From the result of this court case, we hope to see more people stand up and speak up. Don’t allow CTA to take advantage of them. Be it Sangay or any of his colony should be taken for justice. It’s enough for the Tibetan suffered under CTA management. For the betterment of Tibetan in exile, the Tibetan has to do speak up and act as a unified body to make a difference.
Lobsang Sangay and the CTA don't really care for the Tibetans. They seem to be ok to let the Tibetans remain stateless, otherwise, why won't they work hard to give an identity to the Tibetans. Being stateless means the Tibetans cannot own any property or business in India. If they want to, they have to purchase using a proxy. The risk of using a proxy is that the law may change and their right as the actual owner will not be protected. The stateless Tibetans have to always live in fear and worry. For Lobsang Sangay and the CTA, they will not know how insecure it is to be stateless because all of them are already a citizen of another country.

dsnowlion

  • Hero Member
  • *****
  • Posts: 676
Re: CTA getting sued by their own
« Reply #7 on: November 30, 2019, 08:26:20 AM »
Quote
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.

Looks like CTA is going against the court and challenges it to take the actions it claims because right now Sikyong Sangay is basking in the glory that the Dalai Lama praised the CTA and consecrated their newly renovated office. Wow, so while more Tibetans self-immolate (thanks to the CTA's encouragement, to show that they are loyal to the Dalai Lama/Tibet's freedom), the CTA is celebrating a new office using millions of donations from those who are bought into their lies and hypocrisy.

Now I am sure Penpa and many alike can see right through all this facade and will stand up and let their voices be heard because they are after all democratic society right? So they have the freedom of speech, protest and to seek justice, just like any democratic society.

Tracy

  • Hero Member
  • *****
  • Posts: 553
Re: CTA getting sued by their own
« Reply #8 on: December 12, 2019, 06:44:24 AM »
I am glad to see The Supreme Justice Commission of the Central Tibetan administration has given the Tibetan exile Cabinet a notice to issue the apology letter with a consequence. This shows there is hope in the jurisdiction system. Perhaps Dorje Shugden people can file a case on the CTA for the unlawfully Dorje Shugden ban the CTA has imposed 20 years ago. The ban does not bring benefits to the Tibetan community, it breaks the Tibetan community apart. If the Tibetans want to see some changes in their situation, they have to make sure the ban is lifted and people are united.