End the Distress in the Supreme Court !
November 16, 2021
Judiciary is taken as the symbol of assurance of transparency, accountability, patience, discipline, and dutifulness in democracy. Judges should remain as the idol of justice and the court should remain as the last resort of hope for justice. INSEC expresses grief on the distress and agitation witnessed in the judicial bodies of Nepal since last few days, especially in the Supreme Court.
It becomes a matter of serious concern when the judges take part in protests accusing the Chief Justice of the Supreme Court for injecting malpractices in the court. The situation has affected entire judicial system. Regular chores of the court have been halted. However, the Federal Parliament and the political parties are acting as the spectator during the crisis in the court.
In a democratic system, the assurance of implementation of the defined process is important. The Constitution of Nepal clearly states the dignity, importance, and conduct of the judiciary. The legislature, the executive and the judiciary have to perform their duties to protect the constitution of Nepal which was written on the basis of people’s struggles and sacrifice. INSEC believes that the current institutional anarchy which can seriously affect the expectation of the people of Nepal for accountable governance; their development, prosperity, and human rights.
INSEC strongly demands that the following concerns be addressed to ensure the practice of transparency, accountability, impartial and independent exercise of justice delivery by ending the distress and anarchy in the Supreme Court.
The concerns are as follows:
The current situation at the Supreme Court has shown that the basic right of the people to get timely justice has been violated due to the irregular functionality of the administration of justice by the judiciary. We demand to concentrate on the policy, law, and the works of structural reforms ensuring that such problems do not occur in the future.
- Stakeholders need to pay attention to the process of encouraging or discouraging a particular person by piling up all the responsibility responsibilities to a person for immunizing others involved in the same decision making. Let’s question the accountability of the judiciary to improve in the process of justice which has reached a complex point.
- Judiciary’s credibility has been jeopardized by the administration of justice in a heinous game against the theoretical value of the independence of the judiciary by seeking the participation in state’s other apparatus’ governance. We strongly demand to end suspicious activities and address the delays caused in some decisions that undermine public opinion by facilitating structural reforms and ensuring adequate human resource.
- The report submitted by the study committee formed under the coordination of Supreme Court Judge Hari Krishna Karki on August 13, 2020 states that some judges and legal practitioners themselves are also intermediaries. We demand immediate implementation of the reports received for the reform of the court and take initiatives to end these kinds of misconduct in the courts.
- Delay in justice by the court has gravely vandalized the right to justice of the victims. Decision on the consequence of election related case of Manrasiswa Municipality-10, 10, Mahhotari, verdict declaring Madan Narayan Shrestha, a policeman working at Gongabu police station innocent after 13 year and 6 months, a 16 year crossed killing of a conflict victim, Arjun Lama, who was killed following kidnapping by the then NCP (Maoist), shifting the date of hearing of Mohammad Aftab Alam’s case over and again, incidents like these can be taken as some examples of delay in justice by the judiciary. We draw attention towards ensuring the necessary reforms in order to end this vicious cycle of delayed justice.
- Downfall in the credibility of Judiciary is a gradual path to weakening of democracy in various ways. In order to protect the Democracy, we demand for the immediate stoppage of the practices that weaken the rule of law and assurance of right to justice to the people.
- Increase in the activities and faith contrary to law in the court along with increase in the repulsion against judiciary in public is a grave threat to the democracy. Reflecting impacts of vested interest groups in Judiciary demonstrates even bigger of a challenge. Responsible authority has not paid attention in the implementation of constitutional provision to resolve the same. In order to bring the existing chaos and confusion to an end, we urge immediate intervention from the political level.
- Comprehensive initiative are required for the protection of Democracy, social justice, human rights and rule of law, serious attention to be paid for ensuring the exercise of separation of power by Judiciary, Executive and Legislature. We urge all the judges to earnestly involve in making necessary reforms in the appointment process of judges and ensure accountability of judiciary. We strongly demand participatory effort in rectifying the state system and procedures.
Dr. Indira Shrestha