Author Topic: Sikyong does not have time for Penpa's trivial court case?  (Read 2254 times)

Drolma

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Re: Sikyong does not have time for Penpa's trivial court case?
« Reply #15 on: November 03, 2019, 08:51:43 AM »
Typical of Sangay and his cronies to blame the court? I am not surprise by this shameful action of his cabinet. They dare to blame and say that the court gave a biased judgement? When they do that, they are indirectly telling their people not to trust their own judiciary system, only the CTA is right. This is going to obvious create more havoc for them. People are no longer afraid to speak up and quite frankly, I think His Holiness is stepping aside as he should not get involve in politics (unnecessarily) and allowing the people to speak this time, because honestly, Sangay is quite a disappointment and embarrassment, not to mentioned cheater and user of his own people. Well, Penpa isn't any great either but at least he did not misuse the 1.5million "loan" LOL. Karma returns to CTA. 

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Tibetan Cabinet accepts order to apologise to Penpa Tsering

The Cabinet of the Central Tibetan Administration (CTA) has accepted the verdict of the Tibetan Supreme Justice Commission, but continues to express dissatisfaction at the decision in the defamation case filed by former Representative to Washington DC Penpa Tsering.

Right after the Supreme Justice gave the verdict, the CTA’s Home Minister, Sonam Topgyal convened a press conference to express dissatisfaction with it. He said that the decision was not according to their expectations.

The acceptance has been announced on the official Tibetan-language website of CTA, further stating that the public is feeling saddened by the biased judgment, but still accepting the court’s order for the stability of the administration and unity of the Tibetan people.

The CTA President Lobsang Sangay-led Cabinet has urged the public to take responsibility to maintain peace and order within society.

Now famously known as Case no 20, the case was registered by Penpa Tsering against the 10-point charges issued by the Cabinet blaming Tsering of inefficiency, dereliction of duty, and insubordination.

The top exile Tibetan court cleared plaintiff Penpa Tsering of all charges against him in a verdict given on 14 October, and ordered the Cabinet to issue an apology and pay Tsering’s lawyer fees within a month, which expires on 13 November.

In the verdict, the court found that the charges were baseless, had damaged Penpa Tsering’s dedication, efficiency, and moral grounds, and that wrong information has been propagated against him.

The verdict has ordered the Cabinet to expressly publish in all their bulletins and online publications, in both Tibetan and English, that the Cabinet is offering an apology to Penpa Tsering for the defamation. In addition the published apology must be submitted to court, to be forwarded to Penpa Tsering.

The Cabinet will also have to pay Penpa Tsering’s lawyar Namgyal Tsekyi a sum of rupees 98,000 (1,400 USD approx).

https://www.tibetsun.com/news/2019/11/01/tibetan-cabinet-accepts-order-to-apologise-to-penpa-tsering

This is expected. The CTA will not admit their wrong doing and they will put the blame to someone else. How dare the CTA said the court is biased? They are the one who have the double standard. They are very good at defaming people. For example, they said Dorje Shugden is a demon and Dorje Shugden followers are sabotaging the Tibet cause.

Whenever people in the CTA committed crimes, they will try their ways to get away with it. In Australia, one member of CTA were caught by the police for involving in a fight. When this person was arrested, the first thing he said was he was very close to the Dalai Lama in the hope that he can get away with it.

dsnowlion

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Re: Sikyong does not have time for Penpa's trivial court case?
« Reply #16 on: November 14, 2019, 10:22:56 AM »
Yup they failed to apologise and Penpa Tsering is not happy. What Penpa Tsering said has a point... he may have won the case but there’s no feeling of celebration at all as the case was against the Cabinet instead of Sangay. This is a personal dispute I personally think.

However, this news in a way is good to me because now the Tibetans can see very clearly what kind of leader Lobsang Sangay is and also the corrupt biased CTA. They are actually making themselves look terribly bad in the eyes of many Tibetans and this will split them up even more. More people will speak up against the injustice, biased CTA and more will start going against them.

No one will stand on CTA's side once the Dalai Lama is gone, if it has not already started. Not a smart move by the CTA for not being humble and apologising. Not smart at all. I guess that's why they lost Tibet. Sad that they still cannot see the big picture and beyond their pockets!
 

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Sangay’s cabinet fails to apologise to Penpa Tsering on last day


The Lobsang Sangay-led cabinet of the Central Tibetan Administration (CTA) has published an announcement regarding Case no 20, but has not issued an apology as mandated by the Tibetan Supreme Justice Commission in the verdict favouring Penpa Tsering in the case of defamation against him.

The announcement, which came on the last day of the stipulated time, said: “The verdict of the Tibetan Supreme Justice Commission on Case no 20 announced on October 14th has been unsatisfactory to us. There are also a large number of petitions from general public expressing feelings of sadness, unjust and disappointment against the verdict.

“However, in order to maintain the unity and stability within our community, we respect the aforesaid verdict and call upon all people to remain vigilant and be responsible in maintaining peace and harmony.”

The court’s verdict in Tibetan has been published as an image on the CTA’s English language website. The court had ordered the Cabinet to expressly offer an apology to Penpa Tsering for the defamation against him, published in all their bulletins and online publications, in both Tibetan and English. The published apology must be submitted to court, to be forwarded to Penpa Tsering.

In addition, the Cabinet will have to pay Penpa Tsering’s lawyar Namgyal Tsekyi a sum of rupees 98,000 (1,400 USD approx).

In an apparent bid to block English readers of the CTA website from the apology, except for stating Cabinet’s dissatisfaction with the verdict, there was no mention of the decision in English, nor were the words present which had been ordered by the court to be published.

Earlier this month, the Cabinet accepted the verdict, and expressed dissatisfaction with the decision in an announcement written in Tibetan. Today’s was the same announcement, but translated into English.

Famously known as Case no 20, this was a defamation case filed by the former Representative of the Dalai Lama to Washington DC against the Sangay-led exile Cabinet in May 2018. He had been charged with 10 points in dismissing him from the office in November 2017.

Tsering accepted the dismissal, as it was the privilege of the Cabinet, but refuted the 10 points as baseless, and damaging to his image.

Sangay on his part asked Tsering to go to court if he was not satisfied with the charges, which were blaming him of dereliction of duty, insubordination, and a deficit of trust.

The court cleared Penpa Tsering of all charges in a verdict given a month ago.

Soon after the pronouncement of the judgment, Penpa Tsering said, “I may have won the case after the court vindicated me by clearing all charges, but there’s no feeling of celebration at all, as the case was against the Cabinet.”

Source: https://www.tibetsun.com/news/2019/11/13/sangays-cabinet-fails-to-apologise-to-penpa-tsering-on-last-day

(Announcement by CTA made at https://tibet.net/announcement-2/)

Tracy

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Re: Sikyong does not have time for Penpa's trivial court case?
« Reply #17 on: November 15, 2019, 10:24:42 AM »
Yup they failed to apologise and Penpa Tsering is not happy. What Penpa Tsering said has a point... he may have won the case but there’s no feeling of celebration at all as the case was against the Cabinet instead of Sangay. This is a personal dispute I personally think.

However, this news in a way is good to me because now the Tibetans can see very clearly what kind of leader Lobsang Sangay is and also the corrupt biased CTA. They are actually making themselves look terribly bad in the eyes of many Tibetans and this will split them up even more. More people will speak up against the injustice, biased CTA and more will start going against them.

No one will stand on CTA's side once the Dalai Lama is gone, if it has not already started. Not a smart move by the CTA for not being humble and apologising. Not smart at all. I guess that's why they lost Tibet. Sad that they still cannot see the big picture and beyond their pockets!
 

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Sangay’s cabinet fails to apologise to Penpa Tsering on last day


The Lobsang Sangay-led cabinet of the Central Tibetan Administration (CTA) has published an announcement regarding Case no 20, but has not issued an apology as mandated by the Tibetan Supreme Justice Commission in the verdict favouring Penpa Tsering in the case of defamation against him.

The announcement, which came on the last day of the stipulated time, said: “The verdict of the Tibetan Supreme Justice Commission on Case no 20 announced on October 14th has been unsatisfactory to us. There are also a large number of petitions from general public expressing feelings of sadness, unjust and disappointment against the verdict.

“However, in order to maintain the unity and stability within our community, we respect the aforesaid verdict and call upon all people to remain vigilant and be responsible in maintaining peace and harmony.”

The court’s verdict in Tibetan has been published as an image on the CTA’s English language website. The court had ordered the Cabinet to expressly offer an apology to Penpa Tsering for the defamation against him, published in all their bulletins and online publications, in both Tibetan and English. The published apology must be submitted to court, to be forwarded to Penpa Tsering.

In addition, the Cabinet will have to pay Penpa Tsering’s lawyar Namgyal Tsekyi a sum of rupees 98,000 (1,400 USD approx).

In an apparent bid to block English readers of the CTA website from the apology, except for stating Cabinet’s dissatisfaction with the verdict, there was no mention of the decision in English, nor were the words present which had been ordered by the court to be published.

Earlier this month, the Cabinet accepted the verdict, and expressed dissatisfaction with the decision in an announcement written in Tibetan. Today’s was the same announcement, but translated into English.

Famously known as Case no 20, this was a defamation case filed by the former Representative of the Dalai Lama to Washington DC against the Sangay-led exile Cabinet in May 2018. He had been charged with 10 points in dismissing him from the office in November 2017.

Tsering accepted the dismissal, as it was the privilege of the Cabinet, but refuted the 10 points as baseless, and damaging to his image.

Sangay on his part asked Tsering to go to court if he was not satisfied with the charges, which were blaming him of dereliction of duty, insubordination, and a deficit of trust.

The court cleared Penpa Tsering of all charges in a verdict given a month ago.

Soon after the pronouncement of the judgment, Penpa Tsering said, “I may have won the case after the court vindicated me by clearing all charges, but there’s no feeling of celebration at all, as the case was against the Cabinet.”

Source: https://www.tibetsun.com/news/2019/11/13/sangays-cabinet-fails-to-apologise-to-penpa-tsering-on-last-day

(Announcement by CTA made at https://tibet.net/announcement-2/)
I am not surprised at all that the CTA did not apologise to Penpa Tsering and ignored the court's decision. They are known to be arrogant and never admit their mistake. By saying sorry, they feel they will lose their face and also lose their power. They are above everything, including the jurisdiction system. Even though the CTA keep saying they are a democratic government but isn't it clear now they are not?

Ringo Starr

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Re: Sikyong does not have time for Penpa's trivial court case?
« Reply #18 on: November 16, 2019, 06:53:30 AM »
Dissolve the CTA

The CTA and its leader call themselves defenders of democracy, champions of human rights and rule of law, fighters for the Tibetan cause (whatever that means because they keep contradicting His Holiness the Dalai Lama).

However, time and again, they show that they do not practice what they preach or act like hypocrites.

This time it is serious and at the same time makes me ROTFLMAO.

If you check their official website, you will see this beautiful description of the Tibetan Supreme Justice Commission, their "Supreme Court", an independent pillar of any functional democracy. Here is what it says:



Tibetan Supreme Justice Commission
The Tibetan Supreme Justice Commission is the highest judicial organ and one of the three most important pillars of the Tibetan democratic administration in exile or the Central Tibetan Administration. It formally came into existence as per the provision of the Charter of Tibetans in Exile on 11th March 1992 (the seventh day of the first month of the Tibetan Water-Monkey year, 2119) in Gangchen Kyishong, the headquarters of the Central Tibetan Administration (CTA) in Dharamsala in the northern Indian state of Himachal Pradesh.

Tibetan Supreme Justice Commission is composed of the Chief Justice Commissioner and two other Justice Commissioners.  They are appointed by the Tibetan Parliament in exile through election out of nominated candidates submitted by the Selection Committee, which is constituted by a Committee of Chief Justice Commissioner, Speaker and Deputy Speaker of Tibetan Parliament in exile and Sikyong (Chief of the Kashag/Cabinet).


Then the Sikyong lost the case that the Chief of OOT North America Penpa Tsering mounted in the Tibetan Supreme Justice Commission for wrongful dismissal, after Penpa had brought up irregularities in the accounts of OOT and the Dalai Lama Trust and was fired.

Sikyong lost the case and was told by the court to apologize amongst other things.

But instead, here is what the Kashag announced and which was duly put on their official website.




Announcement

The verdict of the Tibetan Supreme Justice Commission on Case No.20 announced on October 14th has been unsatisfactory to us. There are also large number of petitions from general public expressing feelings of sadness, unjust and disappointment against the verdict. However, in order to maintain the unity and stability within our community, we respect the aforesaid verdict and call upon all people to remain vigilant and be responsible in maintaining peace and harmony.

Kashag

13th November 2019



This is another very clear evidence of the way the CTA operates - say something but do something else. It is very simple.
How can they be trusted?
How can they ever negotiate with the Chinese?
How can they ever be relied upon to administer the scarce funds of the Tibetan peoples?
How can they effectively represent the Tibetan cause (it is well over 50 years now since HH Dalai Lama exiled to India)?
How do we know that there are no backroom deals happening all the time seeing the way they operate?
Why are they not respecting the verdict of their Supreme Court?

In the whole scheme of things and looking at their track record, I would have to add to my own logic-driven conclusion that the CTA's blatant campaign against the enlightened Protector Manjushri Dorje Shugden
is nothing but a bogeyman created by them to advance their own autocratic or even dictatorial tendencies.

The evidence is overwhelming and this just adds to it.

It is time for the CTA to be dissolved.
A tiger does not change its stripes.
It can't pretend to be what it is not.
 

Tracy

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Re: Sikyong does not have time for Penpa's trivial court case?
« Reply #19 on: November 16, 2019, 08:20:10 AM »
The CTA can insist they are a democratic government but look at how they responded to the verdict of the Penpa Tsering case, they totally ignored the decision of the court. What kind of democratic system is this? Selective democratic system? The CTA even offered to teach China about democracy! What a joke. To trust a leadership like this is to destroy our own future.

dsnowlion

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Re: Sikyong does not have time for Penpa's trivial court case?
« Reply #20 on: November 16, 2019, 08:20:41 AM »
I totally agree with you Ringo Starr! The time has come and their karma is catching up on them!

And look what Phayul published... Tibetans are beginning to feel anxious and have started to question where is the apology since the verdict is out? It has been over a month and the CTA's dodging it big time.

CTA is literally ignoring the court's verdict, I guess they think they are above the law? When enquired regarding the statement made that the verdict was "unsatisfactory", the Kashag’s secretariat denied giving any statement regarding the matter when approached for a response today says the news. Very foolish of them. This will trigger more disharmony in their exile community. More will start voicing out their unhappiness with CTA. Now more will get to see CTA's true ugly colour.   

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Kashag mute on delay in issuing official apology in Case no. 20


DHARAMSHALA, NOV. 14: The Kashag or the cabinet of the Tibetan government in exile officially known as the Central Tibetan Administration has not responded to the verdict announced by the Tibetan Supreme Justice Commission (TSJC) in the case no. 20.

The defamation case was filed in May 2018 by Penpa Tsering, the former representative of the office in North America, against Kashag led by Lobsang Sangay, Sikyong of the Tibetan administration.

The then Chief Justice Commissioner Kargyu Dhondup acquitted the plaintiff Penpa Tsering from all the charges formulated in the 10 points clarification posted in the official websites of Central Tibetan Administration (CTA). The verdict ordered the defendant to issue an apology and clarification for the same through CTA’s official outlets and also to compensate INR 98,700 for the plaintiff’s lawyer fee.

A month long duration was given to the Kashag to issue an apology in both Tibetan and English, to be published in all their bulletins and publications. However, they have failed to publish any formal apology yet. On 13th Nov, CTA’s English website posted an image of the court’s verdict that was accompanied by an announcement which read:

The verdict of the Tibetan Supreme Justice Commission on Case No.20 announced on October 14th has been unsatisfactory to us. There are also large number of petitions from general public expressing feelings of sadness, unjust and disappointment against the verdict. However, in order to maintain the unity and stability within our community, we respect the aforesaid verdict and call upon all people to remain vigilant and be responsible in maintaining peace and harmony.

Kashag’s secretariat denied giving any statement regarding the matter when approached for a response today. The Tibetan Supreme Justice Commission (TSJC) also chose to refrain from commenting on the delay of the apology. According to the guidelines of the Tibetan Supreme Justice Commission, the court cannot pursue the case once the verdict is out and there is a due process to submit an application in a month’s time for further action from the court.

Source: http://www.phayul.com/news/article.aspx?id=41932&article=Kashag+mute+on+delay+in+issuing+official+apology+in+Case+no.+20

dsnowlion

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Re: Sikyong does not have time for Penpa's trivial court case?
« Reply #21 on: November 17, 2019, 10:13:44 AM »
Looks like Penpa is not letting this one go so easily. It's war now between Penpa and the Cabinet.

"He further said that the Cabinet is sowing seeds of discord in society." Penpa can now feel how we Shugdenpas have been feeling. He was one of them who sowed many seeds of discord in people's mind on Dorje Shugden, condemning our lineage master the great Pabongka Dorje Chang. Karma is all I can say dude! Stop lying and cursing great masters and you'll be fine. Maybe Penpa should start chanting "Om Benza Wiki Bitana Soha" to win his court case! 8)

“Should the Cabinet fail to comply, what will be the status and the credibility of the Tibetan judiciary?” I guess it is obvious CTA is basically giving their own judiciary system a big slap, so if CTA can ignore them, so can others, no? They need to obviously do something to make a stand now.


And now Penpa questions back the qualifications of CTA to even manage the people lol... this is hilariously good, good on you Penpa, get the CTA for embarrassing you! ;D ;D “Would the Cabinet be qualified to function if the Supreme Justice Commission takes action according to civil procedural rules?” asks Penpa Tsering.

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Penpa Tsering to file contempt procedure against Tibetan Cabinet

Following the failure of the Lobsang Sangay-led cabinet of the Central Tibetan Administration (CTA) to uphold the Tibetan Supreme Justice verdict requiring an apology to Penpa Tsering, the plaintiff is planning to file contempt proceedings against the Tibetan administrators.

The Cabinet refused to answer a request by the members of the press for clarification concerning insubordination of the judgment.

The court’s orders were to be fulfilled by the 13th of November, and the report of compliance to be submitted to the office of the Supreme Justice Commission by the 15th. The Cabinet submitted the report and the same had been sent to plaintiff Penpa Tsering by the court. The Cabinet paid Tsering’s lawyer fees of 98,000 rupees ($1,400 USD approx) as per the order.

Penpa Tsering responded to questions from Tibet Sun regarding the documents he received from the office of the court, saying that the Cabinet had not issued an apology as mandated by the court, in what has become known as Case no 20, which has become the biggest court case in the exile Tibetan community.

Speaking to Tibet Sun, Penpa Tsering said that he will appeal under civil procedure Articles 51 and 84 of the Tibetan judiciary for willful breach of the verdict given by the Tibetan court on 14 October which vindicated Tsering of all the charges, which amounted to defamation by the exile Tibetan cabinet.

Article 51 (B)(2) pertains to abrogating election rights by the court in case of non-compliance of its verdict. Article 84 (B)(2) concerns contempt of court.

An official of the Tibetan Supreme Justice Commission explained that it is up to the plaintiff to appeal regarding non-compliance. An appeal can be filed within 30 days for court’s action.

Penpa Tsering explained that the Cabinet was ordered to publish an apology for tarnishing his image. “The Cabinet failed to offer its apology for damaging my image, in both Tibetan and English in all their publications.”

He further said that the Cabinet is sowing seeds of discord in society. “The language the Cabinet has used, such as — the verdict as “unsatisfactory” and “There are also large number of petitions from general public expressing feelings of sadness” creates doubt in the minds of the people.

“Should the Cabinet fail to comply, what will be the status and the credibility of the Tibetan judiciary?”

Both the plaintiff and the defendant had signed an agreement to comply with the ordinance. “There will be no arbitration without the agreement.”

In November 2017 Penpa Tsering was removed from the post of Representative of the Dalai Lama in Washington DC on grounds of dereliction of duty, insubordination, and deficit of trust. The Cabinet then issued at 10-point justification of the removal, saying he failed to live up to their expectations.

PT didn’t dispute the Cabinet’s power to dismiss him, but challenged the ten points, saying they were baseless, and damaging to his image. He then filed a defamation case after Sangay asked him to go to court.

There may be a constitutional crisis in case of non-compliance to the verdict, if the Cabinet stick to their decision.

“Would the Cabinet be qualified to function if the Supreme Justice Commission takes action according to civil procedural rules?” asks Penpa Tsering.

Source: https://www.tibetsun.com/news/2019/11/16/penpa-tsering-to-file-contempt-procedure-against-tibetan-cabinet

Ringo Starr

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Re: Sikyong does not have time for Penpa's trivial court case?
« Reply #22 on: November 17, 2019, 01:31:58 PM »
Penpa is right this time around.

To describe the Tibetan Supreme Justice Commission as the highest judicial organ and one of the three most important pillars of the Tibetan democratic administration in exile or the Central Tibetan Administration,
then to thumb their noses at the highest court's decision is inviting the court to dismiss the whole Kashag,
disallow the incumbents from running for office, which would then lead to fresh elections.


The members of the present Kashag have to face the consequences of failing to carry out court orders. In genuine democracies, this is what happens.

Penpa should also rethink what he said about Pabongka Rinpoche and Dorje Shugden. Perhaps he (too) should apologize for getting carried away by the winds back then. In fact I have watched the video of Penpa making those statements - he was reading from prepared script and wasn't convincing at all. Now is a good time as any to regret it and distance himself from the Kashag.

 

dsnowlion

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Re: Sikyong does not have time for Penpa's trivial court case?
« Reply #23 on: November 18, 2019, 09:33:18 AM »
Penpa is right this time around.

To describe the Tibetan Supreme Justice Commission as the highest judicial organ and one of the three most important pillars of the Tibetan democratic administration in exile or the Central Tibetan Administration,
then to thumb their noses at the highest court's decision is inviting the court to dismiss the whole Kashag,
disallow the incumbents from running for office, which would then lead to fresh elections.


The members of the present Kashag have to face the consequences of failing to carry out court orders. In genuine democracies, this is what happens.

Penpa should also rethink what he said about Pabongka Rinpoche and Dorje Shugden. Perhaps he (too) should apologize for getting carried away by the winds back then. In fact I have watched the video of Penpa making those statements - he was reading from prepared script and wasn't convincing at all. Now is a good time as any to regret it and distance himself from the Kashag.

 


Can't agree with you more Ringo Star... if Penpa was any smarter, he should know what to do. I think he has had enough of CTA's bully and I guess he himself is no pushover and want to show Sangay he has the guts to stand up against him and the CTA. Well, this time around, yes Penpa is right and has the law to back him!

CTA is really an embarrassment to Tibetans and now they are going to look even more silly when the court takes action. Time is up for CTA, how many more years can they twist people's arms, be a bully and push over? They are not a government, they are like gangsters. Do as they say, or they threatened your life.

Well, I guess Sangay has truly met his match and it if it takes a gangster to take down another gangster so Tibetan people all can reunite, Shugden or not, then so be it. May Penpa Tsering win all the way.

Yes, it'll be a really good and smart move if Penpa exposes who wrote the nasty speech for him to talk bad about Pabongka Rinpoche which he as a layperson has no right or place to comment. If he does this, he will also receive the support of many more Tibetans who are Je Pabongka's followers and we know how big that network is cos HH influenced the whole Tibet nation at that time.