Politicised judiciary

The Himalayan Times

18 November 2021

Politicised judiciary

Democracy is a universally recognised ideal as well as a goal, which is based on common values shared by the peoples irrespective of their cultural, political, social and economic differences. It is thus a basic right of citizens to be exercised under conditions of freedom, equality, transparency and responsibility. It aims essentially to preserve and promote the dignity and fundamental rights of the individual, to achieve social justice, social development of the community and strengthen the cohesion of society. Democracy is founded on the supremacy of the law and the exercise of human rights. In a democratic State, no one is above the law and all are equal before the law.

Having said these, the major political parties and their senior leaders have intentionally or unintentionally failed to respect these fundamental elements of democracy. As a result, the disruption in the House of Representative (HoR) session, lethargic way of governing the state and the on-going mess in the judiciary barring people’s right to seek and receive justice have resulted in weakening of the executive, legislative and judicial system of the nation pushing it towards a failed state. Frequent protests by lawyers’ representing Nepal Bar Association (NBA) demanding Chief Justice Rana’s immediate resignation and the bench boycott by the judges have grossly violated the rights of the citizens to seek justice. The CJ’s request to the NBA for resolving the on-going dispute has been turndown “CJ seeks negotiated settlement with NBA” (THT, November 16, Page 1).

Recently, the Advocacy Forum Nepal (AFN) has urged the bodies concerned to take initiatives in order to resolve the problems seen in the judiciary in a sustainable manner. AFN has demanded the arrangement of clear rules and process not to allow the repetition of such an incident in the future by searching a solution to the existing problem in the judiciary legally. It is yet to be seen how this judicial mess will come to an end.

Rai Biren Bangdel

Maharajgunj

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