The Himachal Pradesh High Court today uphold a petition filed by a Gangtok-based NGO against the lower court order to drop criminal charges against the 17th Karmapa Ugyen Trinely Dorjee, whose trust was allegedly involved in a foreign currency row and illegal land deal in Dharamshala.
Single bench of High Court comprising Mr. Justice Sureshwar Thakur today accepted the petition quashing and setting aside impugned order of 21st May, 2012 by the Judicial Magistrate. The court said that the lower court passed impugned order on the application of Assistant Public Prosecutor to withdraw from prosecution against the respondent No.3 (17TH Karmapa Ugyen Tribely Dorejee).
Petitioner alleged that prosecution decided to exonerated respondent from the charges stating that he is a “Dharam Guru” and having an immense following, moreover, his being the likely successor to His Holiness Dalai Lama and hence he should not vitiate relations between Indian Government and the Tibetan Government in exile. The court said that proceeding against the other accused in the matter would continue and it should not have any bearing with the merits of the case findings recorded here in above.
The prime position of his occupying the Chairmanship of the Karma Garchan Trust, Sidhwari, cannot absolve him from the attribution of an inculpatory role to him, merely on the grounds that he was not a signatory to the relevant documents nor the tainted money comprising the sale consideration, for the land transaction having flowed out from his hands to the vendors. What disturbs this court is that the money which was a sum of Rupees one crore nabbed from the vehicle was dishonestly divulged by the occupants of the vehicles to be emanating from Corporation Bank, Ambala. However, the said fact, on investigation having been carried out by the Investigating Officer, was concluded to be false.
Rather it was concluded by the investigating officer that the foreign currency from the premises of Gayato Monestary, Sidhwari was carried by accused Ragway Chosang along with Karma Kukhempa to Majnu Ka Tilla, Delhi and illegally converted there into Indian currency and thereafter a sum of Rupees one crore was handed over by the aforesaid to accused Sanjog Dutt. The nabbing of a huge amount that was illegally converted from foreign currency carried from the premises of Gayato Monastery, Sidhwari by accused Ragway Chosang along with accused Karma Kukhempa surrounds the sale consideration qua the land transaction, with the taint of its being smeared with unaccounted foreign money accumulated in the premises of Gayato Monastery, Sidhwari.
Karmapa is the spiritual head of the Karma Kagyu School, which is one of the four sects of the Tibetan Buddhism and has been named as the 10th accused in the charge sheet filed by Una Police. The NGO Denzong Nang-Ten-Sung-Kyob Tsogpa, in its petition had alleged that prosecution and senior officers of the Union government were trying to subvert the course of justice to illegally favor the 17th Karmapa and hurting the sentiments of Buddhist community.