Justice KC all for cleansing judiciary
KATHMANDU: Admitting that corruption was thriving in the judiciary, Supreme Court Justice Balaram KC today stressed the need to set up an autonomous body in the upcoming constitution to investigate and prosecute corrupt judges.
“Undeniably corruption is thriving in the judiciary in the absence of proper investigation and prosecution,” KC said, talking to The Himalayan Times.
Justice KC said that an independent body akin to the Commission for the Investigation of Abuse of Authority (CIAA) was desirable to investigate and prosecute corrupt judges.
“There are some judges who have been damaging the reputation enjoyed by the judiciary,” he said, adding that the Judicial Council (JC) has not given authority to investigate and prosecute such corrupt judges.
He said that though the Secretary of the JC was bestowed with the task of investigating such cases, he has not been able to work as an independent prosecutor under the influence of the judges.
“The nation has signed a number of international conventions to make judiciary independent. We cannot go against them,” he said.
Justice KC also said that the judges enjoy certain immunity in appointment and dismissal and could only be impeached by the parliament. “This is against judicial independence,” he said.
Referring to the practices in the United States, KC further added that the US President nominated judges but were appointed only after the confirmation of the Senate, thereby maintaining the doctrine of separation of powers.
“On the contrary in Nepal, power to the parliament to impeach the judges would amount to a breach in the theory of doctrine of separation of power and principles of checks and balances,” Justice KC argued.