CTA getting sued by their own

[dsnowlion]

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.

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]

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]

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]

Ah hahahahahahaha    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.

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]

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]

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]

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]

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]

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.

[dsnowlion]

LATEST SHAMEFUL NEWS ABOUT THE CTA & THEIR PRESIDENT

Please do the right thing: Open letter to Sikyong Lobsang Sangay

Dear Sikyong Lobsang Sangay,

My friends and I write this Open Letter to you because like many people we are deeply concerned for the fate of Tibetan Democracy given to us by His Holiness the Dalai Lama. The news about the Tibetan Supreme Justice Commission Order of 22nd November 2019 directing you and the Kashag to apologise to Penpa Tsering by 27 December, failing which the rights of Kashag members to stand in elections and to vote would be withheld, has further strengthened the Tibetan people’s faith in the Tibetan judiciary. The 14 October 2019 Tibetan Supreme Justice Commission verdict vindicated plaintiff Penpa Tsering of all charges made against him, and directed the Kashag to issue an apology in both Tibetan and English, to be published in all official bulletins and publications.

It is public knowledge that Penpa Tsering brought the well-known “Case No 20” to the highest Tibetan Court after your 10 March 2018 speech in Dharamshala. Every year Tibetans and supporters’ world over commemorate 10th March to mark the 1959 Tibetan national uprising against the Chinese occupation of Tibet when thousands of Tibetan men, women, and children were killed, and which resulted in the escape of His Holiness and thousands of Tibetans into exile in India and neighbouring states. But you used that sacred day to politicise an issue involving you by very craftily mixing it with talk of Tibetan unity and the importance of following His Holiness’ wishes, and then saying the Tibetan Court is there to resolve our disputes. Social media is full of people reliving this notorious 10 March speech of yours, and expressing their disgust for your [Kashag] not honouring the Tibetan Court’s verdict. So far as per news reports, only the plaintiff lawyer’s fee has been paid; no apology!

After the Justice Commission’s verdict clearing Penpa Tsering of all charges given by the Kashag in ousting him from the Office of Tibet post in Washington DC, the Minister of Home, Sonam Topgyal, addressed the media (you were again not in Dharamshala on this crucial “Case No 20” day). Both he and your lawyer, who has now been “found to be in contempt of court, licence annulled among other punishments”, expressed disappointment with the verdict. It is obvious that anyone who loses a case will be disappointed if a verdict does not go in their favour. What is important is that in a DEMOCRACY no one is above the law. But Sonam Topgyal’s reference to “lay gyum dre” shocked and surprised many people. “Lay gyum dre” has nothing to do with judicial cases.

One cannot imagine how much your undermining of the Justice Commission’s verdict has hurt His Holiness. During public talks and in front of His Holiness, you always talk of following His wishes. If so, how about following His Holiness’ advice on respecting Democracy? You and the spineless Kalons should be ashamed. You will go down in history as destroyer of Democracy (mangtso) that His Holiness has given to the Tibetan people. We hope from now on His Holiness will avoid attending any function or event where you are there, because that would also tarnish His pure image.

If you as the Sikyong do not abide by the Justice Commission’s verdict, then how can you expect ordinary people to follow? Leadership is about being honest and humble in defeat. Therefore in the name of Unity and Democracy please be positive and do the right thing. Instead of blindly taking sides, everyone should first read the TSJC’s 1,028-page verdict which is detailed and unbiased.



“The best way to enhance freedom in other lands is to demonstrate here that our democratic system is worth of emulation.” — President Jimmy Carter.

Sincerely,

Tenzin Nyima and Friends
MINNEAPOLIS, US

Source: https://www.tibetsun.com/letters-to-the-editor/2019/12/17/please-do-the-right-thing-open-letter-to-sikyong-lobsang-sangay


Please do the right thing: Open letter to Sikyong Lobsang Sangay .:. Tibet Sun
https://www.tibetsun.com

[Ngawang]

When will the Tibetans be free of disharmony? They keep on fighting among each other instead of focusing their energy on things that truly matter such as the Tibetan cause. Until now there is no progress on the Tibetan cause and it is way overdue from the promise made by the Tibetan government. Exactly how long we have to wait until we can go back to our own country?

[PrajNa]

Tibetan cause suffers because of the issues created by Tibetans themselves. Another issue that is still unresolved is the CTA & Karmapa issue. The Karmapa did not return to India and the CTA?decided to go ahead with the 13th Tibetan Religious Conference in the absence of the Karmapa who had fled from India last year following money laundering charges. There is no peace! 

[dsnowlion]

Oh wow Dr. Sangay and gang has decided to apologise and agreed to pay Penpa's lawyer before they "lose their eligibility to run for office and their voting rights" as warned by the Supreme Court.

Should read some of the comments on this announcement. We will get to see how people truly feel about their bad government that on choose to create disunity instead of unity amongst its people.

Shameful and sad but luckily there is still "some" hope.

Exile Tibetan Cabinet offers apology to Penpa Tsering in Case no 20

The Lobsang Sangay-led exile Tibetan Cabinet offered an apology to Penpa Tsering in Case no 20, accepting that their charges made to justify his ousting were regrettable.

Announcing the apology on the official website of the Central Tibetan Administration (CTA) in both Tibetan and English, the highest office of the exile Tibetans said: “The ten-point clarification issued by the Kashag on the replacement of Mr Penpa Tsering from the service of Representative to North America was based on unreliable sources and misunderstandings, thereby unintentionally defamed his dedication, competence, and character, and led to the spread of misinformation in the community.

“For this, the Kashag [the exile Cabinet] expresses its regret.”

The Tibetan Supreme Justice Commission, in its judgment on 14 October, had dictated the text of the apology, as well as ordered that the same be published in both Tibetan and English on all CTA information outlets.

The Cabinet failed to meet the first deadline to apologise, 13 November, after which Penpa Tsering appealed to the court to take congisance of that fact. On 22 November the court gave a new date of 27 December, *with a warning that Sangay and his colleagues would lose their eligibility to run for office and their voting rights if they failed to meet this deadline.*

The second part of the original court order stipulated that the Cabinet pay Penpa Tsering’s lawyer’s fees for this case, amounting to 98,000 rupees (1,400 USD approx). This payment was fulfilled by the Cabinet by the 13 November 2019 deadline.

Famously known as “Case no 20”, this was a defamation case against the Tibetan exile Cabinet filed by Penpa Tsering, the former Representative of the Dalai Lama in Washington DC in May 2018, and became a contentious issue within the Tibetan community.

Tsering had been relieved of his Washington post, and charged with dereliction of duty, insubordination, and deficit of trust. Following this, 10 points were given by the Cabinet to justify his ousting, which points the court found groundless in deciding this case.

Source: https://www.tibetsun.com/news/2019/12/27/exile-tibetan-cabinet-offers-apology-to-penpa-tsering-in-case-no-20

[dsnowlion]

Oh wow Dr. Sangay and gang has decided to apologise and agreed to pay Penpa's lawyer before they "lose their eligibility to run for office and their voting rights" as warned by the Supreme Court.

Should read some of the comments on this announcement. We will get to see how people truly feel about their bad government who seem to love creating disunity instead of unity amongst its people.

Shameful and sad but luckily there is still "some" hope, I hope. Like what a Tibetan in the comments section said... "Victory to rule of law.
Supremacy of Justice Commissions is very important for any normal society.
Justice Commissioners: utmost gratitude for protecting the institution and there by our nascent democracy.
Congratulations.

Fellow Tibetans: Love your nation. Elect right people to right office.

My respect to all the civil servants of our government, but not to political appointee playing partisan politics like North American Representative Ngodup Tsering always chasing photo opportunities or Australian Representative Lhakpa Tsoko stirring unnecessary trouble in community instead of playing the role of unifier."

Exile Tibetan Cabinet offers apology to Penpa Tsering in Case no 20

The Lobsang Sangay-led exile Tibetan Cabinet offered an apology to Penpa Tsering in Case no 20, accepting that their charges made to justify his ousting were regrettable.

Announcing the apology on the official website of the Central Tibetan Administration (CTA) in both Tibetan and English, the highest office of the exile Tibetans said: “The ten-point clarification issued by the Kashag on the replacement of Mr Penpa Tsering from the service of Representative to North America was based on unreliable sources and misunderstandings, thereby unintentionally defamed his dedication, competence, and character, and led to the spread of misinformation in the community.

“For this, the Kashag [the exile Cabinet] expresses its regret.”

The Tibetan Supreme Justice Commission, in its judgment on 14 October, had dictated the text of the apology, as well as ordered that the same be published in both Tibetan and English on all CTA information outlets.

The Cabinet failed to meet the first deadline to apologise, 13 November, after which Penpa Tsering appealed to the court to take congisance of that fact. On 22 November the court gave a new date of 27 December, *with a warning that Sangay and his colleagues would lose their eligibility to run for office and their voting rights if they failed to meet this deadline.*

The second part of the original court order stipulated that the Cabinet pay Penpa Tsering’s lawyer’s fees for this case, amounting to 98,000 rupees (1,400 USD approx). This payment was fulfilled by the Cabinet by the 13 November 2019 deadline.

Famously known as “Case no 20”, this was a defamation case against the Tibetan exile Cabinet filed by Penpa Tsering, the former Representative of the Dalai Lama in Washington DC in May 2018, and became a contentious issue within the Tibetan community.

Tsering had been relieved of his Washington post, and charged with dereliction of duty, insubordination, and deficit of trust. Following this, 10 points were given by the Cabinet to justify his ousting, which points the court found groundless in deciding this case.

Source: https://www.tibetsun.com/news/2019/12/27/exile-tibetan-cabinet-offers-apology-to-penpa-tsering-in-case-no-20

[dsnowlion]

Some interesting comments left behind by readers from the Tibetsun news...

Finally, Kashag under Lobsang Sangay bowed its head before the surmountable pressure, not from the judgment of the commission but from within its cabinet members, in order to save their future probable green pasture to feed in TIBETAN AILING politics.

It’s a complete victory of one’s own ego supported by the partisan nature of individuals, organisations, and representatives. Actually, there should be a strong urge to save the credentials and name of the Central Tibetan Administration’s Kashag amongst other things, but nobody cared about such name KASHAG in front of their personal gain and motives. This will have a great repercussion for the future, and has set an utter bad precedent in the history of the Tibetan government-in-exile.

Mr. Lobsang Sangay, instead of feeling relaxed and counting few months left of his tenure, should be working on how to save the name KASHAG and its portfolio for the future from all these attacking lots. At least not for himself or his cabinet this time but for the future.

I AM NOT A SUPPORTER OF LOBSANG SANGAY BUT I HATE TO SEE OR WITNESS WHAT OUR KASHAG AND ITS NAME HAS BEEN SUBJECTED TO. What a shame!

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