In the recently released Annual Judiciary Report for 2023, the Bhutanese judiciary showcased both its achievements and ongoing challenges in managing legal cases across various court levels. The report provides a comprehensive overview of cases registered, decided, and pending, highlighting the efficacy of the legal system and the utilization of alternative dispute resolution methods such as court-annexed mediation.
The report indicates that a total of 9,837 cases were registered throughout the country in 2023. Impressively, 9,989 cases were decided, illustrating the judiciary’s commitment and efficiency in dispensing justice. However, despite these considerable efforts, 1,621 cases remained pending at the close of the year.
The Dungkhag Courts reported 2,019 cases registered during the year, with 1,966 cases decided. However, 437 cases remained pending, indicating a backlog that requires attention to ensure timely resolution.
The Dzongkhag Courts, which handle a significant portion of the country’s legal matters, registered 6,981 cases in 2023. Remarkably, 7,128 cases were decided, reflecting a commendable clearance rate. Nevertheless, 985 cases remained pending by the end of the year, underscoring the need for continued efforts to streamline judicial processes.
At the High Court level, 547 cases were registered, out of which 563 were decided. With only 49 cases pending, the High Court demonstrated efficient case management, contributing to the overall reduction in pending cases across the judiciary.
The Supreme Court, the apex judicial body in Bhutan, registered 249 cases during the year. Surpassing the number of cases registered, 380 cases were decided, reflecting the court’s commitment to swift justice. However, 70 cases remained pending, signaling the necessity for ongoing measures to enhance judicial efficiency.
As per the case statistics of the annual report, of the 437 pending cases from the 15 Dungkhag Courts, Phuentsholing Dungkhag Court has the highest number of pending cases. Bench I has 89 pending cases, while Bench II has 238 pending cases. Bench I has 13 and Bench II has 62 cases pending beyond 12 months with 468 and 466 registered cases, respectively.
Among the Dungkhag Courts, Gelephu Court has the second highest number of pending cases with 57 out of 371 registered cases, followed by Dorokha and Nganglam with 10 each, none of which are beyond 12 months. Pangbang has two pending cases, followed by Lhamoizingkha with one, while Lingzhi, Sakteng, and Sombeykha Courts have no pending cases.
Thimphu Commercial Bench II has the highest number of pending cases with 174, including 39 cases pending beyond 12 months, followed by Thimphu Criminal Bench and Wangdiphodrang with 133 pending cases. Gasa and Sarpang have the least number of pending cases with just four each, followed by Samdrup Jongkhar with six cases. Bench I of Paro Dzongkhag Court has three pending cases beyond 12 months, while Samtse has one and Haa has two cases.
The Time-Bound Bench reveals 80 pending cases, with 48 beyond 12 months from the 53 opening balance and 41 registered cases. Only 14 cases were decided. The High Court has 49 pending cases; 31 and 18 from Bench II and III, respectively. The Supreme Court has 70 pending cases, with 17 from Langchen, 20 from Tachog, 11 from Maja, and 22 from Khading Benches. The Supreme Court has only one pending case beyond 12 months from the Khading Bench.
One notable aspect highlighted in the report is the significant role played by court-annexed mediation in resolving disputes. A total of 13 cases at the High Court level, 1,629 cases at the Dzongkhag Courts, and 282 cases at the Dungkhag Courts were successfully resolved through mediation. This underscores the effectiveness of alternative dispute resolution mechanisms in easing the burden on the judicial system and fostering amicable resolutions.
Overall, the judiciary registered 9,837 new cases with 1,773 cases carried forward from 2022. Of this, the judiciary disposed of 85.30%. Of the total 1,621 cases pending in 2023, 11.04% of cases are pending beyond 12 months. Besides these figures, courts across the country are also heavily engaged in hearing and deciding miscellaneous matters, including cases registered as well as those dismissed and matters relating to the issuance of marriage certificates and notarization of documents.
While the Annual Judiciary Report for 2023 highlights the strides made by the Bhutanese judiciary in addressing legal matters, it also highlights the persistent challenge of pending cases. Moving forward, it underlines concerted efforts required to enhance case management strategies, strengthen judicial infrastructure, and promote the use of alternative dispute resolution methods to ensure timely and equitable justice for all citizens.
By Sangay Rabten, Thimphu
