INSEC has published a press statement asking to end the current institutional anarchy which can seriously affect the expectation of the people of Nepal towards governance’s accountability, their development, prosperity, and human rights.
The statement was released on November 16, 2021, by the Chairperson of INSEC, Dr. Indira Shrestha. According to the statement, it becomes a matter of serious concern when the judges take part in protests accusing the Chief Justice of the Supreme Court of inviting distress in the court.
The statement has reminded of the Constitution of Nepal which clearly states the dignity, importance, and conduct of the judiciary.
INSEC has demanded the following concerns to be addressed and has urged the stakeholders to resolve the issue in time as the delay in judicial execution will violate the rights of the public.
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 participation in the 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 resources.
- 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 years 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 the Judiciary is a gradual path to the weakening of democracy in various ways. In order to protect Democracy, we demand the immediate stoppage of the practices that weaken the rule of law and assurance of the right to justice to the people.
- Increase in the activities and faith contrary to law in the court along with an increase in the repulsion against the judiciary in public is a grave threat to democracy. Reflecting the impacts of vested interest groups in the Judiciary demonstrates an even bigger of challenge. Responsible authority has not paid attention in the implementation of the constitutional provisions 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 initiatives are required for the protection of Democracy, social justice, human rights and rule of law, serious attention is to be paid for ensuring the exercise of separation of power by the Judiciary, Executive and Legislature. We urge all the judges to be earnestly involved in making necessary reforms in the appointment process of judges and ensure accountability of the judiciary. We strongly demand participatory effort in rectifying the state system and procedures.