Remembering My First Court Case, Part Eight

..............Judge reminded her to stick on what she had in her initial complain letter and stop meddling with other issues. With that judge once again turned towards the lady and asked her for the last time: "Zhen Lap ne yoe ga?" Finally to my relief she said: Mee la.

With that, the Judge spoke..........

Continued.........

and he spoke without any hesitation. As the judge prepared to announce his decision, I sensed the ward lady shiver. In her sheer desperateness I saw her eyes welled with tears.

And then came the words of the Judge.  Turning towards the lady, he asked: 'Did you realize what wrong you did?'. He paused for a while...... When there was no response from the lady, he then continued: 'this problem had arisen, all because of what you have done. And those things which you have done were all beyond your duty. As a ward lady, whose duty was to maintain cleanliness and guard the doors, you had no reason, what so ever to frequent patients and scold or exercise your control over them'........In between the Judge asked her: 'how many times have you come to the court? ...........and looks like you are the real problem everywhere'

With those words from the Judge, I felt the anxieties and traumas that had so long accumulated in my heart slowly shed. For the first time in over three months, I felt the sweetness in the fragrance of air and the brightness in the day, I felt my heart floating, weightless..............

And the Judge continued further:...... 'People working in the hospital, have a moral obligation to support and show compassion to those sick and needy people and that any form of abuse against them is unlawful'.........With that the Judge was also swift in reprimanding the ward lady for being over zealous. The Judge not only warned her of the consequences of threat call but also reminded her of her official misconduct. After that, Judge ordered us to leave the room and meet the clerk in the office.

By then, I sensed how worried my plaintiff was, -she had played all her cards!. With every passing minute in the court room, she was nearing to taste the bitter aara she brewed herself. How pathetic that she wold he soon hanged with her own noose!!!

At first my heart melted with satisfaction. It bought me pleasure beyond description. I saw my soaring arrogant plaintiff finally being reduced to size of a grasshopper!. Her bitter figure reminded me of two insects that I hated the most, -the house fly and the mosquito. I really wanted her to fall on to her knees! I wanted her to explode in tears!. I wanted her the feel the the same old feeling she made me feel!. All those miserable moments came rushing through my mind like rewinding a movie, - my wife in pain, my broken mother-in-law, my helpless sister, my perplexed father-in-law, my innocent grandmother and finally my wretched self, busy tending to police, day in and day out. 

Once in the clerks room, the clerk told me that, since she was not able to prove anything from her complaint , it was up to me to take the next step, -counter charge her for defamation, libel, threat call, official misconduct and for all the inconveniences caused thereafter. It was a moment of mending my broken heart and I wanted it to be done by buttering it first. I felt the tears of truth and justice oozing out from my eyes uncontrollably. With an outburst of my passion, I told the clerk that I was willing to go to any height to have her doomed. I told him that I want to prove to her that I am stone that is hard and a metal that clangs!! 

With that emotional outburst, the clerk reminded us of our lunch time. But he however he reminded us to come to office before it closes in the evening. 

I stayed back and did't go for lunch. I took a shade under a peach tree and contemplated on the matter. I called up my wife and updated her about the case and  told her that I was going to do the same thing to her. But to my revelation, my wife told me otherwise! -an eye for an eye will leave both blind!

I thought about it for hours and finally decided to side my wife. I went to the court in the evening and told the clerk that I wished to end the case there and that I don't desire to harass a poor lady. To that effect I wrote a final application to the court expressing my desire to end the matter. 

In the mean time, my opponent arrived. She appeared more exhausted and worried than ever. Her fragile body was barely able to withstand the gushing afternoon winds of Thimphu. She was almost near her breakdown point. But I had a good news for her. I told her that I am not going to pursue the case any further. She smiled at last. I told her not bring any more people to the court hereafter. 

That evening, I went home happy and I sent another soul happy home. I didn't even know who actually won the case.

END.

Tashi delek

Remembering My First Court Case, Part Seven

.....With those brief background, I finally proceeded to defend myself. Brimming with confidence, I thought to myself that a simple plain truth would be enough to bring down the soaring wicked plaintiff. At the same time I was also mindful of the potential and possible twists.

continued.....

My first  response to her first accusation, -breaching the hospital norm. (by having more than one maid for my sick wife)

And with due respect I spoke my heart out. I submitted, that she was right. My wife indeed had more than one maid when she was undergoing her final labour pain. But what she did not understand was that we did it upon securing permission from the senior nurse on duty that night. -that too only during my wife's final labour pain. I also explained about how the ward lady turned down our repeated pleas for little compassion form her. I told the jury about how my mother-in-law broke down and how my father-in law, went on to compare her to a Jana Gyelpo in the process of  requesting her. Lastly, I submitted that, "if we did not have enough maid ourselves, nurses in the hospital weren't ready to come and lift my wife to the labour room". That was because there were only handful  nurses (3 nurses) tending to more than 50 patients that night. 

My Second response to her second accusation, -creating havoc in the hospital for the entire day and hence distracting the other patients

Here, I denied her accusations out rightly. And I regarded her as a case of utter shameful person, lying even in the court of law. I told the jury that, although we came to hospital early morning, my sick wife was only able to get a bed in the ward at around noon through one of my sister (who was a trainee at RIHS). I explained to the jury as to how me, my sister and my mother-in-law took turn in the hospital, and there by proving that I wasn't there the "entire day" and that it was solely her illusion that saw my image. Finally to close this accusation I told the jury that "except few dogs that created havoc in the stinking toilet nearby, there weren't any sick person or nervous maids capable of creating havoc or distracting anybody". Judge smiled at this point and I smiled too..

My Third response to her third and fourth accusation, -using undue force, harassing  and battering her while she was on duty. (which indeed was the main contention)

"Your honor, this is the only valid contention" I said, boldly. "And this matter has reached to its current height all because of her malicious intention against my family" I added further. I submitted to the jury that, if I had used undue force to harass her and batter her, then why didn't the police take any action against me that very night. I explained to jury as to how swift she was in intimating police. I also explained as to how she disobeyed her administrative officer and senior nurse on duty (to solve the matter amicably). And I felt my throat choking when I explained to jury about how I ended up attending to the police, when the real need for me was to attend to my sick wife. I also explained about my subsequent struggles visiting police station on different occasions, leaving behind my vulnerable wife and infant daughter.....

With that, I submitted to court that, I neither had the intention nor the energy to kick her, for I was thoroughly exhausted, both mentally and physically that day. I told the jury as to how she was cursing my family in front of so many strangers and how she was blocking my way while I was in to collect some cloths for my wife and my new  born (expected). I closed my submission by asking the jury... "its up to the law to decide whether my slight push on her to clear the way could constitute battery and harassment"

Lastly........I added,... "your honor, I think its me who was (is)  really being harassed to the core....... not by the genuine hospital staff, but by a ward lady!" In fact she harassed me everywhere. -not only in the hospital but even at my own work place! with that I readied myself to present the evidence to to jury in which I had details of phone calls she made to me at my workplace and her recorded voice threatening me with imprisonment. Worst, when she said, she had in her recent past, imprisoned her poor husband was something I stressed further!

But the Jude told me to keep the evidence for a while. I was of the opinion that Judge was more interested in hearing my full story than get distracted by a piece of evidence. So I had to continue with my final response 

But before that, I made myself very clear on one point That was: I reminded the court that, she would be my ultimate first suspect, should something happen to my kids and to my entire family. Because she dared to collect my information both form me and as well from other sources. I told the jury that I felt very unsecured after her threatening call.

To this, judge paused me for a while and turned to the ward lady and asked her, Che ge khu luu telefom chap che lo. eena? and she meekly said, een la. So,with that I felt my victory an inch closer.

My Final response to her accusation, -threatening her by way of using my influential relatives.

I told the jury that, I have indeed asked one of my relatives to apologize her on my behalf but that did not in any way meant I was guilty at all!. In fact I expressed my deepest regret for having apologized her when she didn't deserve one.  I told the jury, how saddened I was that my good intentions were grossly misunderstood by a poor soul. I even admitted to the jury about my willingness to richly compensate her, provided she stopped her useless enterprise for good. With that I told that it was up to the jury to find out as to what my relative had spoken to her. I also told the jury that, I honestly did not know as to whether my relative was an influential person in the very first place. and secondly, I was cent percent aware that law treats every citizen with equal term.

Lastly, I went on to close my defense by telling the jury that, if at all  I had so called an influential person behind me, then I would not have landed taking my better half to a stinking and crowded ward handed by a malicious person like the Plaintiff, in the very first place.

After that, there was a complete silence for few seconds. But however judge on the throne broke our  silence. He again turned towards the lady and asked "Choe lay lap ne yoe ga?"

But, She said Yoe la. I was surprised but not confused or nervous like before.

Like a person with lost mind, her attention after that was to a totally different area. She started complaining about the Police!. Before she was abrputly stopped by a Judge, she murmured about how biased police officers had been towards her. She also complained about my uncle, who visited me in the police station by stating that he influenced the decision of police. By then I definitely sensed desperateness seeping in her.

Judge reminded her to stick on what she had in her initial complain letter and stop meddling with other issues. With that judge once again turned towards the lady and asked her for the last time, "Zhen Lap ne yoe ga?"  Finally to my relief she said Mee la.

With that, Judge spoke.

To be continued.............................................

Remembering My First Court Case, Part Six

.........The contents were outrageously exaggerated that I found it totally unpleasant. I found the contents not worthy of being written in Dzongkha and that it was bitterly disgracing the language that represented Buddha, Dharma and Sangha, -the ultimate truth.

Continued........

When the clerk was finally done with his reading, I came to know the charges against me. I was so attentive that I almost remembered all the charges by heart. Firstly, she accused me of breaching the hospital norm. (by having more than one maid for my sick wife.) Secondly, she accused me of creating havoc in the hospital for the entire day and hence distracting the other patients. Thirdly, she accused me of using undue force and harassing her.   Fourthly, she accused me of battering her while she was on duty, (which indeed was the main contention.) She exaggerated the incident and said that I kicked her on the chest and she fell some distance away. Fifthly, she also accused me of threatening her by way of using my influential relatives.  

After Hearing the charges, I thought to myself that, she could have well become a great fiction writer or a great essayist. But in court of law, with those fictionalized story, she appeared nothing more than a creature far stupid than one you could possibly think of. 

And the Judge Ordered me to defend myself against charges. But before I proceeded to defend myself, I took permission from judge so that I could explain the general background of the entire story.

Apart form my own story, I explained to judge as to how the patients in the maternity ward were treated that day and the how crowded it had been. I also explained about the appalling sanitary conditions that day. Lastly, when a lone ward lady drained down all my expectations and esteem I had for the hospital, I told the judge about how miserable I felt and how much I regretted for having brought my wife to Thimphu.

With those brief background, I finally proceeded to defend myself. Brimming with confidence, I thought to myself that a simple plain truth would be enough to bring down the soaring wicked plaintiff. At the same time I was also mindful of the potential and possible twists.

To be continued........

Remembering My First Court Case, Part Five

...........So I waited. And exactly after two days, I got a court directive from Paro Court instructing me to proceed to Thimphu court "without fail" the immediate day. I was further directed to make my appearance in the Bench II of the Thimphu district Court.............

Continued.......

I took the order very seriously. I took it as my fundamental duty of upholding the law. Upholding the law in any case, as I knew was a serious affair and I thought any degree of complacency would not be tolerated. So I made it a point that I observe every formalities with strict adherence. 

That day, I was prepared to face the truth and justice and therefore I was more eager than ever to move out from my house.  As I grabbed the car key and my kabney, Kinley wished me good luck. I took a day off by telling a white lie to my supervisor. -a lie that won't harm or create any disharmony. With an air of optimism, I told her that, I needed to go to Thimphu on a very urgent personal errand and that I would be back in the evening. She was swift in granting a day off for me. 

So I reached to the said court in time. I showed up to the clerk and he told me wait for my turn. As the hours passed by, the number of people in the court's vicinity swelled. Surprisingly, I came across many people whom I knew personally. I felt embarrassed to admit my case and so were they!

Towards afternoon, I was called inside along with the plaintiff. It was by far the most overwhelming feeling.  But to my realization I sensed that the fear and anxieties I had for so many days, have suddenly evaporated. I sensed myself becoming bolder and braver. The adrenalin of much needed courage and confidence seem to be exploding in me and I felt the lawyer in me kicking thunderously! I felt happy at the fact that I was finally moving to set myself free with the aid of justice and law and not through pleas.

So I entered the court room for the first time in quest for the justice. It was dimly lit room where the total silence prevailed. We were made to stand in front of the judge who was perched on the throne even bigger than the Kings'. I had to raise my head to actually see the face of the judge. There he was with his mouth reddened with the stains of doma. With his green scarf and long sword, he appeared more majestic than the word Majesty itself. Below his throne, there was a Rabjam and with him was a clerk.

I took a step forward and bowed towards the Judge in reverence to the law and the justice he embodied. As to the ward Lady, -the plaintiff, she simply stood blind and blank, like a stick, completely useless and arrogant as ever. I didn't think she could be that dull. She displayed no respect to the law.

Once we were all settled, the clerk then read out the complaint submitted by the plaintiff (on top of his voice). I listened  to the complaint with both my ears, with full concentration. The complain was meticulously written  in best of the Dzongka that for once I doubted about the Dzongkha moving towards extinction. However, I soon lost interest listening to it.

The contents were outrageously exaggerated that I found it totally unpleasant. I found the contents not worthy of being written in Dzongkha and that it was bitterly disgracing the language that represented  Buddha, Dharma and Sangha, -the ultimate truth.

To be continued..............................................................................

Remembering My First Court Case, Part Four

................After that the days elapsed to weeks and weeks to months, But there was nothing forthcoming. Everything in my life was normal except that ward lady who was eating away my mental peace. By then I joined my office too. My little daughter was recovering from her jaundice and was doing fine. Again deep deep deep inside, I was mentally gearing for the first court case of my life. A book on "criminal proceeding in Bhutan" by a Judge named Lungten Drupjor came in Handy! I read it from top to bottom and bottom to top.

And Finally after more than two months, I got a call from a strange and unusual number.....

Continued.......

I was in my office then, -quite busy for any private affairs. But however I answered the call. It was a lady with a very familiar voice on the other end. Without even being asked, she introduced herself to be the ward lady, -that cunning and horrible ward lady. 

 She told me that she just desired to confirm about my details including my current and permanent addresses, -both home and office. I don't know from where she managed but surprisingly, she got all my details correct!. I asked her why she needed my details. And she was transparent enough to tell me about her motives, -that she was finally lodging a legal complain to the court against me!

I went wordless and I felt a chilling sensation running all through my spine. I was prepared to win the case by a margin of hundred percent, But "what-if-I-should-loose-the-case?' was the immediate thing that struck my mind. It brought me more questions than I could possibly answer in my life time. How would my parents react to it? How would my family take it? How would my friends and relatives take such a disappointment from me? Such were the questions that flashed and dazzled in my perturbed mind. However before she put off the phone, I managed to tell her that I am prepared to face her in any court. But at the same time, I also warned her of the consequences, should she fail to prove me guilty. To this she threateningly told me that, she had in her recent past, even put her husband behind the bars and that there was little or no reason why she should act different to me. 

But later many more thoughts crossed my mind. I was ten thousand times more terrified than ever for the fact that I had everything to loose, if I should loose the case. I was fearful for the fact that I might loose my life time opportunity to serve my King and the Country to my full potential. In all those thoughtful hours, I felt my world crumbling. I felt my dreams shattering. I felt the pains of my parents. I felt the dejection of my family. I felt the sympathy of my friends. But just like the silver lining in the dark cloud, all those painful feelings made me more determined to fight to the last with absolute resoluteness. 

I marked all her words from our telephonic conversation. And I was determined to use all her words against her odd in the court of law, so I saved her number and recorded her voice with all the details. Should the need arise, I was even willing to exaggerate the matter a bit. My stakes were high and I needed all the support in what ever form it came. And to my realization, it came from a person none other than the plaintiff herself. She took a bold step in calling me, -the defendant, with her threatening message. So I thought, I got the Achilles heel to hang on and strike it when the right time comes.  

So I waited and waited. And exactly after two days, I got a court directive from Paro Court  instructing me to proceed to Thimphu court "without fail" the immediate day. I was further directed to make my appearance in the Bench II of the Thimphu district Court.

To be continued.............................................

Remembering My First Court Case, Part Three

As I walked out, I told the ward lady to carefully weigh the pros and cons of getting herself entangled in her futile act fueled by nothing, but greed. I felt more confident and more bold. I approached the ward lady, one more time and told her that she wont gain anything from this enterprise and that I would make myself available anywhere any time to defend my innocence 

But she was even more determined to take the case further on her own.

Continued...................

For her, taking the case further meant only one thing. She clearly indicated that she would soon proceed to the court. Although determined to defend myself to the last, deep inside I felt bitterly embarrassed. The slightest thought of the incident made me feel confused. It made me feel nervous and at times angry too. But deep deep inside, I also felt that there was a genuine need for me bring that drama to its end, once and for all.

So for the first time in my life, I tried to use the; so called influence. I called on Doctor, -A neuro surgeon, who is my second cousin's husband. Although we never met personally, we knew each other quite well through telephonic conversations. So one fine day, I took all the guts in me and dialed his number. I explained to him the kind of predicament I was in and that I needed his help as a matter of urgency. I remember fumbling with words in between but I made my points clear to him. I told him to talk to the ward lady and bring the curtain of my case permanently down. Although not so reassuring, I sensed lot of positivity in his words. He said he would do his best.

But, it was nonetheless disappointing to hear from him. He told me that the lady was still cold and cruel as ever and wouldn't even listen to him. In fact it was through him, that I came to know that the lady was preparing for a court case against me. To some extent, I felt that my repeated pleas had in fact emboldened her to act against me with more intensity.

After that the days elapsed to weeks and weeks to months, But there was nothing forthcoming. Everything in my life was normal except that ward lady who was eating away my mental peace. By then I joined my office too. My little daughter was recovering from her jaundice and was doing fine. Again deep deep deep inside, I was mentally gearing for the first court case of my life. A book on "criminal proceeding in Bhutan" by a Judge named Lungten Drupjor came in Handy! I read it from top to bottom and bottom to top.

And Finally after more than two months, I got a call from a strange and unusual number.

To be continued...............

Remembering My First Court Case, Part Two

Nurses on duty were unusually quite and wouldn't speak a word to me. But in between the lady started calling the Police.
Continued......

Inside, the Nurses were busy attending to Kinley and outside some strange, rather unexpected things were taking shape. From no where a group of Police showed up like those Pizza delivery boys in India. I was soon called out. As expected, they interrogated me and I gave my full co-operation. It was then, I came to know that a lady was a ward lady, whose duty was to clean up the wards and maintain a required sanitary level in the wards. 

She was adamant and she insisted that it was a case of battery. She also insisted that our case needs further attention and hence needs to be taken to a appropriate place for settlement. For her, appropriate place meant one thing, -Police station. But however the the officer on duty rejected her case, for she couldn't produce any on-spot evidence nor any reliable eye witness. The officer told me to behave and he left the scene. 

For once, I thought to myself that we have police officers who were more humanely and homely than people in the Hospital. I also thought to myself that I came to hospital seeking much needed help and support, but felt thoroughly harassed in the process. I felt disheartened to the brim. It was even more bitter feeling that our referral hospital lacked people who were trained to deal with human emotion and anxieties. Even nurses weren't any better that night. Forget about sorting out the things that went miserably wrong, they all sympathized the ward lady. Worse, one nurse was my former school mate. It reminded me of a adage; wolfs  will support only wolfs in the den. 

By the time I was done with police, my wife gave birth to Sonam. I walked in with tears rolling down my cheeks. I could fell my heart panting and my lungs running short of oxygen. I took a long deep breath and continued walking in. I felt sorry for not being the first person to touch my daughter, but nevertheless, I felt overwhelmed all over that my wife was safe and so was my daughter. I thanked god and I personally went to thank those nurses on duty. 

But next morning, It was yet another surprise. I got a call from Police station and I was asked to report immediately. At that moment, I felt the ward lady was really up-to something. I got myself dressed and immediately rushed to the police station. I was greeted by a young lady officer. She offered me a cup of black tea and after which she took my statement.  She told me to come gain the next day. But I insisted that our case be resolved within the earliest possible time period.  To this the officer told me to to either wait or compromise the case between the two of us. 

I felt her idea worthwhile and suddenly I found my self begging the ward lady to withdraw the case.  I told her I would compensate her with a cash. I remember making several pleas to her only to be turned down abruptly. It appeared to me that, someone from behind was guiding her all through. I saw her worn out phone being over burdened that day. So I also told her that I would give her a brand new phone, if only she could consent to my plea. I did this not because I would be proven guilty but I needed more time to stay with my new born daughter and  my recovering wife. 

After 2 days, I was again called back to the police station. The officer had a good news. She told me that Ward lady's medical report came out clean. Of course I was relieved to hear that but I refuted the officer by saying that she should have a medical report taken immediately on that day and not after 2 or 3 days. But the officer told me to calm down. As she could not charge sheet me to the court for the lack of evidence, she told me to leave. I felt immensely happy to hear that. 

As I walked out, I told the ward lady to carefully weigh the pros and cons of getting herself entangled in her futile act fueled by nothing, but greed. I felt more confident and more bold. I approached the ward lady, one more time and told her that she wont gain anything from this enterprise and that I would make myself available anywhere any time to defend my innocence 

But she was even more determined to take the case further on her own. 

To be continued......................

Remembering My First Court Case, Part One

Three places on earth that I wouldn't want to frequent. ----They are plain, discrete and direct.  First, the Hospital,  second,  the Police station and third, the Court. But, unfortunately I had one such ghostly moment in my past that took me to all those feared places of my life.

First to the Hospital. It dates back in 2008 when Kinley was due to give birth to Sonam. She underwent  an immense labour pain near the pediatric ward of JDWNRH. Many hours into her labour pain, we finally managed to get one bed in the ward. As a young man, stepping to become a father was a incredible feeling. It brought me joys and fears weighted in equal proportion. But Kinley's prolonged labour pain made me fell nervous and helpless. Towards midnight, her pain augmented. I could sense my pulse soar and face redden.  I felt utter helplessness being next to her. With her parents and one of my sister around, we were at least better than some of the patients who were left alone on their own. Sensing something frantic, a nurse showed up and finally told us to move her to the labour room.

We were busy lifting and moving Kinley to the labour room and in the middle, a lady showed up. --The same lady I had seen the whole day, scolding helpless patients and maids.-- She looked more like a sweeper but sounded worse than Hitler. She took no regard for the pains and anxiety we were under and in her most wicked and cruelest tone, she said that one sick person cannot have more than one maid. As such her point stood very valid but delivery case was altogether a different issue. My father-in-law and  I requested her to show us some compassion which she was not keen at. In between many things happened. The lady kept on scolding at us but we had no or little time to listen to her. We finally reached Kinley in the safety of labour room and following which I came back to get some cloths for her and the (expected) new born.

I intended to beg pardon for all the inconvenience caused and wanted to apologize the lady, but to my shocking revelation, I found the lady charged with anger was cursing me and my family. It was not a good omen. Charged and tensed, I was, I told her to shut up and pushed her from my way. No sooner did I touch her, then she fell off on the floor and shouted on top of her voice. She accused me of having battered her. The entire hospital went numb and there was silence all over. Nurses  on duty were unusually quite and wouldn't speak a word to me. But in between the lady started calling the Police. 

To be continued.................