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Thursday, Sep 9, 2010

Editorial»

Tarnished credibility

JAN 10 - The remark made by Chief Justice Kedar Nath Upadhyaya that irregularities and corruption are rampant among the lawyers has raised a question: How free, fair and efficient is the Nepali judicial system? But it is not only the lawyers who are corrupt and have tarnished the credibility of the judicial system of this country, as the chief justice has said. Several judges, including senior lawyers, especially of district and appellate courts, have been alleged of taking bribe before delivering any verdict. Justice in these courts is weighed not on the basis of the justice one should get, but how much one can pay to their lawyers and judges. Justice is, no doubt, traded like commodities and those who cannot bribe lawyers and judges are the victims.
It is a well-known fact that corrupt legal experts do abuse their authority while dispensing justice, and a number of verdicts is believed to have been delivered on the basis of the amount bribed to lawyers and judges. However, until recently, it never came out in public that the gravity of corruption and irregularities within the judiciary is so serious and many victims are denied the right justice. The chief justice would not have blamed the lawyers for the widespread irregularities had it been a low-key affair and if fair justice had been accessible. The intensity of corruption within the judicial system seems to be beyond the control of the chief justice.
The country, until recently, had no separate bench for criminal and civilian cases, and the consequent accumulation of cases either delayed or denied justice to the victims. The chief justice, who superseded Justice Krishna Jung Rayamajhi two years ago, has, no doubt, undertaken legal reform initiatives to speed up the delivery of verdicts. The legal reform process intends to deliver justice within two months. But these legal reform initiatives may have invited irregularities as legal experts dispense verdict without much wrangling on the case. However, the legal reforms undertaken by the chief justice certainly deserves praise but all cannot be well unless strong action against the corrupt legal experts are initiated in order to prevent irregularities and corruption.
The chief justice has blamed the lawyers for corruption, a few days before the election of Nepal Bar Association. The disclosure of irregularities has come at a time when judiciary is undergoing a reform process. The entire judiciary — from the apex court to down below — still needs to be reformed. A sincere initiative against corrupt lawyers and judges would be a good beginning to regain the faith and support of the people.Posted on: 2004-01-11 04:54

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