Monday, March 29, 2010 | By: CHIMI DORJI

Lecture by AP Governor

Today we had a guest lecture on ‘National Security; The Challenging Paradigm by Shri E.S. L Narasimhan, the governor of Andhra Pradesh. He harangued  on why and how the  national security has become a challenge over the years.
The concept of national security has undergone a drastic change  today. It no more confines to protection of borders from external agression by arm forces, he said.
He went on to mention about allegation of violation of human rights by police on suppression of criminals for larger public interest. He also talked about suspension of human rights during exigency.
He eloquently and spontaneously gave a mind blowing lecture which I felt it was worth attending it. But unfortunately despite this I having sited at the back could not capture all valuable points because of which I’m not able to produce whole thing in detail here, just producing important headings whatever little I could recollect. More over our college three day gala got over yesterday only and that hang over left me quite sleepy throughout the lecture. Still then I enjoyed.

Tuesday, March 23, 2010 | By: CHIMI DORJI

Farewell to our out going seniors

Whenever people say farewell party I decipher as signal that somebody is moving out of the group temporarily or permanently. Today was our farewell to our seven outgoing seniors. They are the 3rd Bhutanese batch graduating from this University. Though there is another one month for them to graduate but we thought that it is always wise to bid at this time thinking that time wont permit for them to join at eleventh hour as they need to pack up a lot and more over we cannot risk future unforeseen circumstances, so we thought at earliest possible at this time is best move for them as well as to us.
Like it happens in every farewell party, all outgoing seniors were asked to pour out some words on whatever they feel like if they have any. All of them tried their best to do that and they did it. Some of their speeches were quite touching. In return we the juniors also tried our best to say few words. My part is produced below.
Five year is matter of long years and you have travelled a long way on the thorny path and this is the moment for you all to rejoice the reliefs of hardships you all have been through all these days. So for that I would like to solemnly congratulate all of you from my bottom of heart. You all made the way through, that’s all.
This is the 3rd year we have been staying together and in this period deliberately or accidently or inadvertently or by heat of passion I might’ve hurt you with muttering intolerable words or by any other means. As far as my memory is concerned i don’t remember anything. Incase if I had then I beg your forgiveness, Please. Just leave right away, those intolerable words if i have permanently printed in your memory, before you leave from this University. Don’t smuggle it beyond our college gate, so throw away right away. For this I trust you all, you all are law persons.
We have been leaving like a siblings from same flesh and blood and in this sprit you seniors have rendered every needy help to us. You laid you helping hand to us in every needy time and you laid your hands of consolation and pranks in all needy times. We would definitely cherish memorable days and moments we had with you guys. So for all these i thank you all awfully.
And also, hope you guys won’t forget the bond of friendship and principle of brotherhood we shared together .Dont forget to drag the strings of our bond of friendship and principle of brotherhood wherever you go. Remember we are always behind holding from other end of the string .Hope you all would continue this 'as it is' until your doomsday
Once you spread from this group i bet we cannot meet as a group like today as we have our own roles and responsibilities which would definitely keep us busy one way or other. So wherever and whenever we meet hope you guys would figure out us if we meet on the day and recognize our voice if we meet at night
So lastly i with  wholeheartedly wish you tons and tons of luck in whatever you do in the days to come by.

Internship at Paro DIstrict Court-I

Just knowing the location of Ripung dzong and believing the Court is in the dzong I kicked off my first day treading to dzong  from above PCE main gate through PCE on the black paved road embellished the sides with winter icy frost. As I neared the dzong I was little tensed for I might not able to locate judiciary section instantly but fortunately I did not trouble to the extent I had anticipated. With the guard right infront of the dzong no sooner had I entered from the dzong I made out the judiciary section. So I proceeded and as I entered through door I noticed that some staffs gave a quite glance at me. They thought that I was there for litigation as by the time I was there the court was filled with litigants. Without sinking in the crowd of litigants for long I went directly to one staff and asked, “Can I know the Dasho’s chamber la, I’m here for internship? “Sure la” he uttered. And he ushered me to Dasho’s (Bench I) chamber and briefed to Dasho why I was there. Then I introduced myself why I was there and how long I would stay there. Instantly he asked one of the staffs to arrange  the office for me  djacent to another Dasho’s chamber (Bench II). He told me to attend hearings and proceedings daily and I was then sent to the arranged office. From there on my month long battle began.
First day was quite challenging living on my own world hardly knowing any staff properly but on second day Dasho introduced all most all staffs and I was bewildered to notice two of my high school mates working there whom I failed to figure out on the first day. As I headed on with every new day with their presences I came to know all staffs and became so friendly and by the end of my stay I felt like I was regular staff.
 I really loved the way they interact with strangers and treatment rendered to me. They were really helpful and supportive. Hope they would do same to others who may come for internship like me.
Bench Dasho Lugten Dubgyur was quite serious so most of normal proceedings except miscellaneous hearings I attended in Bnench II with Dasho Passang Wangmo. I could raise any doubts I encountered and opinions without any hesitation for she being friendly at least to me.
Despite their busy engagment when i all of sudden declared my last day they did spare some time for the small tea party which was a big surprise to me but unfortunately Dasho Lungten was out of the office. On his absentia others made a point to see off with a smile in my face. With Dasho Passang's golden words of advice they presented a memorable  gift .
No doubt certainly i would cherish through out my life the wonderful moments and days i had  with them.
Saturday, March 20, 2010 | By: CHIMI DORJI

Mid Semester Exam is over now

 After a week long peaceless days finally mid semester exam got over today.  I’ve every reason to rejoice the relief but  it's just temporary. More than that many submissions are waiting in line which are not very far which I need to work on from now on. Really hectic days ahead, coming month is the last month of the semester  and at the end another big exam is waiting which  will definitly cost busy line to extend further right from very beginning of the month. Lets close the  eyes and keep going on. Time to go Bhutan also nearing.
The exam  was okey except last paper. I think i landed somwhere in the middle with a hope atleast to manage pass marks. Thank god first  paper did no go worst  like last paper had it then rest of the papers would not have reached to the present level.

Lecture by a judge of the Supreme Court of India

Today we were privileged to have Justice Burnly in our University to give a talk on very important theme, “The Opportunities and Future Prospects of Law Graduates”. He is presently a judge in the Supreme Court of India. He was accompanied by two judges of Andhra Pradesh High Court.
He briefed how lawyers play a tremendous role in reconstruction of the society and also the importance of legal profession in today’s epoch. He said legal profession has been playing high-flying role since very long time back. He went on to say that all past imminent leaders were lawyers and even many leaders today are rooted from legal profession. Pratima Patel, the President of India, was a lawyer pre to her present post. He named many other leaders who were lawyers.
So he congratulated all students for making the right choice at first place to study the law. But making another choice after graduation is more important, he said. For this, he talked on kind of working environment the lawyers are subjected to in corporate sectors, NGOs, lawfirms, and Judiciary. He being a judge and working under judiciary he narrated encouraging incidences that he has encountered in his last 19 years service in the judiciary. He said unlike in corporate sectors in judiciary the works the judicial officers get to do would not become monotonous for they get to deal new facts every new day. He related this to his friend. Though his friend’s salary was colossal but still then he regretted for joining the company.
Most Indian law graduates prefer to join only in corporate sectors and law firms and they barely prefer to work in the judiciary either because of Judicial Service Exam or peanut salary. At the end of the day what matters is money so doubtlessly main rationale I could conclude for baking off could be definitely because of peanut salary. Same is the case with our Bhutanese Judiciary, peanut salary for judicial officers. Despite this, lawyers still prefer judiciary owing to the fact that Judiciary confers a unique title ‘Dasho with long sword and green scarf’ to every judge right from assistant judge. So more scope to fetch that title in long run if they join judiciary.
 Unlike India in Bhutan despite Judicial Service Act already in place until now we don’t have Judicial Service Exam.  I guess the day is not far for Judicial Exam to be in place but  lets not hope for at least next few years, let my chance come first huh!!!!

Saturday, March 13, 2010 | By: CHIMI DORJI

Mid Semester Exam on the horizon

Our every second semester  of  the  every academic year is very short but despite this it’s imbued with plethora of academic activities and mandates because of which we feel semester gets over in a wink. Since last exam we had it’s been not even a month and again another exam, the mid semester exam which is our second exam of the semester, is on the horizon, just one day away.
Who cares to study until eleventh hour? I reeled my head toiling round the clock for couple of days, nevertheless a long way to go, still left few chapters. But I’ve only a day left and I wonder how far a day will make a difference. I proceed  on and on,completing chapters and chapters but by the time I complete all chapters my tiny memory has already started losing whatever I’ve completed and already made his half way doing this, because of which sometimes I wish I’ve computer brain so that I wont lose already completed portions.
I strive  my best to complete the portions and perfect what ever I could no matter whether I get proportionate results or not. What I belief is that if I don’t study and flunk then surely remorse would follow because I would thought that  had I studied I would have got through. But after studying whatever I could and flunk then remorse would not follow because I did my job. Rather I would think what more I can do even after my dead effort I flunked. And, capitulate to fate which everyone is subjected to and nobody is subjected to  escape from his trap.
Lets see how it goes this time, hope everything goes well. May almighty be generous with me to sail through this exam successfully.
Friday, March 12, 2010 | By: CHIMI DORJI

Again guest lecture

Today also we had guest lecture on two different topics, “Government liability” by Prof. Lewis N, Klar from Canada and “Anti-corruption laws” by Dr. Andrew Brady Spalding from U.S. A
Prof. Lewis talked more of tortious liability of government and narrated few Canadian cases where government was sued for negligence in executing the policies and decisions not for negligence in framing of policies. He also compared Canadian tort law and Indian tort law. To this, he said that there is not much difference he could make out and more or less both are on same track for common law in place for both the countries.
Prof. Andrew’s lecture was centered on the FCPA(Foreign Corrupt Practice Act), 1977 and corruption in international business. He briefed on FCPA and consequences of violation of FCPA, how US companies were fined for bribing the foreign companies. He said that companies were fined thrice the profit they received from bribe and owing to which Companies wondered whether their companies would sustain paying this much fine? Companies also left in dilemma whether they can afford to do business with corruption prone countries?
Except few, most trans-national business takes place with under table business, so certainly  with increment of enforcement of FCPA the foreign investment will dwindle in bribery prone countries, said the Prof. Andrew.
FCPA is applicable to only US entities and and non US entities in the territory of the United States.
Wednesday, March 10, 2010 | By: CHIMI DORJI

Lecture on different themes

This semester we are having series of lectures on different issues and today again we had lecture on three different themes, “Globalization of Legal Education and Legal Profession” by Prof. C. Raj Kumar, Vice Chancellor, O.P Jindal Global University and Dean, Jindal Global Law School, “Structural and Substantive Development in the U.S. Supreme Court by Prof. Peter H. Schuck , Professor of Law, Yale Law School, and “Global Research and Internship Programs” by Prof. Jonathan A.Burton-Macleod, Assistant Professor and Assistant Dean(Research) Assistant Director, Centre for Global Governance and Policy.
Since 2009 Prof Raj Kumar has given more than 200 talks on this theme in different law Colleges and Universities all over India. He highlighted the importance of studying the law and possessing the quality legal profession. He said that post independence period most Indians’ option was medicine and engineering and law was given the last option. But legal professionals play immense role in national building and social engineering. Many greater leaders were rooted from legal profession like Mahatma Gandhi was a lawyer and many other leaders were lawyers.
The society to be a rule of law society there should have good chunk of legal professionals. To have good chunk of legal professionals people should have interest to study the law and know the law. Having interest itself is not enough if there is dearth of supporting mechanism, so there should be other mechanism like proper and quality law universities and professors in it.
One of the means to ensure quality of legal education is through establishment of National Law Schools beside private law schools. He said, this is a revolutionary step to upgrade the quality which is already in progress and of 913 law schools in India 13 are already National Law Schools.
How many teachers in Law Colleges and Universities are by choice and interest?, he asked. He said that many law teachers are not by choice but they joined teaching because they did not get other jobs. So to ensure quality legal profession and education there should have quality teachers which their option must be by choice and interest not by unemployment compulsion. Further he said that to globalize legal education students should strive to do global research.
Prof. Peter talked on the developments happened to U.S Supreme Court. In process he compared Indian Supreme Court and US Supreme Court. He said that unlike Indian Supreme Court before US Federal Supreme Court there is less number of cases. In US there is Supreme Court in every state (50 State and unlike Indian judges US judges cannot become politician once they resigned.
Prof. Jonathan talked on internship programs offered by his organization. He said interested can apply and experience it. He also shared his experience on various internships he carried out in different countries.

Monday, March 8, 2010 | By: CHIMI DORJI

Lecture on transparancy in use of Electronic Voting Machines(15th February, 2010)

 Unlike most of the other countries’ democracy the Bhutanese democracy was born only after invention of EVMs which has aided to pull through first ever Bhutanese parliament election process very easily and successfully. But did Bhutan realize EVMs are tamperable? Certainly!, No body might have thought about this fact for many saw for the first time and used it for first time as well ,  rather everybody’s thought was driven to advantages track only .
Like many Bhutanese folks I too did not know about this fact not latter than recently when two persons, Till Dr. Jaegar from Germany, a specialist in Copyright and Media law who had won a judicial verdict against EVMs from German Supreme Court and V.V. Rao, an activist in fighting for transparency and accountability in Indian EMVs, came to our University to harangue on transparency in use of EVMs.
Both of them said that though the use of EVMs, unlike paper ballot, economies the time required for counting the votes and many other malpractices related to elections, however, EMVs being man made machines, are tamperable. They also said that they evidenced and demonstrated how it is tamperable.
Dr, Till Jaegar challenged before Germany Supreme Court and won the verdict against use of EVMs and accordingly German Supreme Court banned the use of EVMs in German elections.
V.V. Rao who has observed malfunctioning of EVMs in the last Indian Parliament elections filed PL before Indian Supreme Court. He said that before filing PIL he conducted through survey on use of EVMs and got similar results from all places that there is something wrong with use of EVMs. He also said that EVMs do not assure whether the vote is counted against the person whom voters have voted? or Neither there is proof that vote is counted to candidate against whom voters have voted?.
V.V. Rao was directed by Supreme Court to deal with matter with Election Commission of India (ECI) but despite his consistent effort to convince the Election Commission that EVMs are tamperable the ECI did not allow them even to demonstrate fully how EVMs are tamperable rather ECI said that EVMs cannot be tampered.
Whether to use EVMs in Indian elections is still in pipe line as the matter is still pending but what about to our Bhutanese elections. Though we have passed through first parliament election with use of these EVMs successfully, but would Bhutan be able to use EVMs through out the life of Bhutanese democracy? who knows the day may come to face Germans' fate also, as Bhutanese EVMs are not different from the ones used by Germans and Indians.Anway lets wait and see in the next elections till democracy subsists.

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