These recent controversial activities of the government indicate a concerning trend towards illicit state intervention in the judiciary, fostering lawlessness
Scenario one: The Judicial Council recently appointed district judges to the posts that were vacant for a considerable duration.
However, the worrisome aspect is that among the 36 judges appointed, only one candidate had successfully passed the open examination conducted by the Public Service Commission (PSC) for the district judge position. The rest lot of failed candidates was appointed arbitrarily. This incident has disregarded the concept of competitive examination required for the post of a public officer bearer. Adding to the concern, the election officer of the constituency of incumbent Minister for Law, Justice and Parliamentary Affairs Dhan Raj Gurung was also among the fortunate appointees, an utter breach of conflict of interest.
Scenario two: The government presented a bill to amend some Nepal acts with a provision that sub judice cases in any court against anyone from a party or a group which conducted violent protests in the past but is carrying out its activities peacefully now, based on the constitutionand the law, can be withdrawn without any reservation.
This is a sheer act to promote violent anarchy in the society.
Scenario three: The government has proposed an amendment to the Prevention of Corruption Act, 2002, suggesting a statute of limitation of five years for prosecuting corruption cases. This move has sparked concerns among numerous stakeholders, including Transparency International Nepal, as well as legal and constitutional experts.
These recent controversial activities of the government indicate a concerning trend towards illicit state intervention in the judiciary, fostering lawlessness and supporting state-sponsored corruption. What is notably a common link in all these instances is the involvement of the incumbent Minister for Law, Justice and Parliamentary Affairs.
Indeed, there are numerous other questionable issues linked to Minister Gurung, including his controversial remarks about withdrawing criminal cases related to the assault of a TU professor, unjustifiable transfer of the district judge who delivered the verdict inthe fake Bhutanese refugee scam, and his indirect involvement in contentious presidential pardons.
Due to repeated controversial activities, Minister Gurung, once regarded with high expectations, is experiencing a decline in his reputation during his maiden tenure as a cabinet minister. His anarchic actions have frequently come under intense scrutiny, transition to democracy and its commitment to protecting fundamental freedoms.
However, the independence and integrity of the judiciary seem to be fading during recent decades, especially after abolishment of the monarchy.
The list of encroachments on judicial premises by the state is extensive, the epitome of which is the continuous political inter-raising concerns about the state of judicial independence and the rule of law in the country.
The judiciary plays a pivotal role in a democratic society by ensuring the rule of law, upholding justice and safeguarding the rights of citizens. The judiciary is designed to remain independent, serving as a vigilant watchdog over the executive and legislative branches of government.
The judiciary has also been a cornerstone in Nepal's ference in judicial appointments.
In recent incidents, the minister for Law, Justice and Parliamentary Affairs is alleged to have attempted to exert undue influence over judicial appointments, a move that could compromise the impartiality of the judiciary. These allegations have eroded public trust in the judicial system and raised concerns about political interference in the judiciary's decision-making process. The controversy has the potential to trigger aconstitutional crisis, as it tests the delicate balance of power between the executive, legislative and judicial branches of government.
The independence of the judiciary is fundamental to the proper functioning of a democracy. When politicians or government officials attempt to manipulate or undermine the judiciary, it threatens the core principles of justice and the rule of law. The judiciary serves as a crucial check on the powers of the executive and legislative branches, ensuring that they act within the bounds of the law and the constitution. An independent judiciary is essential for safeguarding the rights and liberties of citizens, as it can provide a legal remedy when those rights are violated.
When the judiciary's independence is compromised, public confidence in the legal system diminishes, potentially leading to a breakdown of trust in the government itself.
In response to the controversy surrounding the Minister for Law, Justice and Parliamentary Affairs, there have been widespread calls for accountability and transparency.
Civil society organisations, legal experts and concerned citizens have criticised his controversial activities.
In fact, the ongoing scrutiny of Minister Gurung's disputable actions and their potential impact on Nepal's judiciary and democracy underscores the need for a robust and impartial judicial system. It is imperative that the country's democratic institutions remain steadfast in their commitment to upholding the rule of law and protecting the rights of all citizens. The outcome of this controversy will undoubtedly shape the future trajectory of Nepal's democracy and its commitment to justice and accountability.
Minister Gurung should engage in self-reflection regarding his actions and strive to enhance his ministerial performance for the benefit of the people and society. Assessing his track record, he still has a significant role and a long innings to play in politics. However, if his initial performance remains controversial and dismal, the political future for Minister Gurung does not appear promising.
Dr Joshi is senior scientist and independent opinion maker based in Germany
A version of this article appears in the print on October 13, 2023, of The Himalayan Times