Judges’ code of conduct

The Himalayan Times

26 April 2018

Judges’ code of conduct

A few months ago, then chief justice Gopal Parajuly was embroiled in controversies for some of his irresponsible acts. That caused tremendous damages to the supremacy of Supreme Court (SC) and people’s faith on the judiciary system which should be independent, impartial and transparent. He tried his best to defend himself using his prestigious chair for his misdeeds. It was a shameful act on the part of a person who held such a high office. The incident also dealt a demoralizing blow to the supremacy of judiciary. It might be the effect of undermining democratic process of the selection of judges and chief judge.

Having said this, we got to read a news story regarding acting Chief Justice Deepak Raj Joshee’s meeting with MC-CPN chair Prachand “Acting CJ’s meeting with Dahal ‘cause for concern’ (THT, April 24, Page 1). Even though he has denied having any political discussion during the meeting, constitutional expert Bhimarjun has termed the meeting “a gross violation of the principle of independence of the judiciary”. Judges’ code of conduct and the UN basic principle on the independence of judiciary adopted in 1985 prohibit judges from meeting with political leaders as they have to review the work of the two organs of the state-the executive and the legislature.

In the past, political parties were blamed for trying to politicise the judiciary. Some of the judges appointed in the SC were affiliated to the political parties. Political parties were heavily criticised for their undemocratic acts. However, no appropriate corrections were made. Also, the role of some of the Constitution Council (CC) members while confirming the appointment of the then CJ Parajuli was questioned related to his multiple date of births. This time, appointment of the new CJ has been delayed which will hamper judiciary’s performance.

Rai Biren Bangdel

Maharajgunj

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