As long as judges are appointed on the basis of political affiliation, the judiciary will not improve for the better
The Judicial Council (JC) formed a three-member probe committee on Wednesday under the JC member Ram Prasad Shrestha to look into the alleged audio tape leaked to the media, in which lawyer Rudra Pokharel is heard offering a bribe of Rs 20 million to Kathmandu District Court (KDC) Judge Raj Kumar Koirala for the release of Ichha Raj Tamang, founder of Civil Saving and Credit Cooperatives Society Ltd. The audio tape was first broadcast by News24 on Tuesday. KDC Judge Koirala has said he has done nothing illegal, while lawyer Pokharel has claimed on his Facebook wall that the voice heard in the tape is not his. Other members of the JC probe committee are the acting Chief Judge of Patan High Court Mahesh Pudasaini and Judge of the same court Mahesh Sharma. The committee has been given 45 days to submit its investigation report on the alleged kickback deal, which is believed to have occurred before December 29, 2021, when KDC Judge Koirala sent Tamang to judicial custody on charges of his involvement in organised crime and defrauding the depositors of his cooperative of Rs 8 billion. As many as 42 persons, including Tamang's wife, allegedly involved in the financial crime, were released on bail.
In the audio tape, Pokahrel is heard offering Rs 20 million to KDC Judge Koirala to bail Tamang out for Rs 100 million. Koirala appears hesitant initially, but agrees to consider the deal after Pokharel assures him that he would have the chief justice (Cholendra Shumsher Rana – now suspended) talk to him. But the alleged bribery deal appears not to have materialised as Tamang and his accomplice Keshav Lal Shrestha were sent to judicial custody by Koirala himself.
The video tape also has Pokharel assuring Koirala of getting his order validated by a higher court.
This is not the first time that a judge has been found selling justice for kickbacks. Chief Justice Rana himself was accused of freeing Armed Police Force official Ranjan Koirala, who was convicted of killing his wife, when 11 years and six months remained of the full sentence. The bribery case has tarnished the image of the entire judiciary. Retired apex court justices admit that justice can be bought even in the apex court. 'Bench shopping' in the Supreme Court is commonplace, where middlemen decide who will handle a case involving billions of rupees and high-profile people. Supreme Court Justice Hari Krishna Karki-led panel had earlier suggested that all courts of law follow the 'automatic cause list system' to impart impartial justice. But even after CJ Rana was suspended through an impeachment motion, Acting Chief Justice Deepak Kumar Karki has not implemented the suggestion. What justice can we expect from the justices of the district to the apex courts when they themselves engage in bribery? All this has happened because the judges are appointed not on the basis of their qualification and professional integrity but on their political affiliation. In order to end this chronic disease seen in the judiciary, the constitution must be amended in such a way that the political leadership has little say while appointing the judges. The persons appointed as judges should also maintain their professional integrity and should not come under any influence while in office.
Cholera detected
Following four confirmed cases of cholera in Kathmandu, there are fears of an outbreak of the disease.
They have been detected in the core areas of the capital - at Baghbazar, Bhotebahal and Dillibazar.
Cholera is caused by ingestion of food or water that is contaminated with the bacterium Vibrio cholerae, leading to profuse watery diarrhoea and even death if not treated in time. The disease occurs almost every year in the country with the start of the monsoon season in June.
Since there could be many more people suffering from cholera, they must be identified at the earliest and treated. People showing symptoms of cholera, such as leg cramps, profuse watery diarrhoea, fatigue and vomiting, should contact the nearest public health facilities immediately. However, to prevent cholera and other water-borne diseases from reoccurring year after year, universal access to safe drinking water and adequate sanitation should be enhanced.
WASH (Water, Sanitation and Hygiene) practices, such as washing hands with soap, drinking and storing safe water, drying dishes in the sun after washing them, using a latrine and keeping the household environment clean will go a long way in keeping cholera away.
A version of this article appears in the print on June 24, 2022, of The Himalayan Times.
