The personal secretariat of Chief Justice Ram Kumar Prasad Shah sent a letter to NBA Chairman Hari Krishna Karki on Friday, demanding greater clarity over the declaration. The secretariat has also sent separate letters to NBA Vice-Chairman Tikaram Bhattarai and former general secretary Raman Shrestha, concerning their recent interviews to media outlets regarding the NBA declaration.
The national conference of the NBA held in Chitwan last week had urged the Judicial Council to pay attention to taking action against corrupt judges and judicial staff. "As documents of the judiciary itself have accepted that there is corruption within the judiciary, the conference urges the Judicial Council to take action against those involved in corruption in the context of existing corruption at courts of different levels," says the declaration of the conference.
The apex court, issuing a press release Friday, stated that it is concerned over the declaration and media reports regarding the corruption issue. "Article 112 of the Interim Constitution has assigned the chief justice with the responsibility of making the judicial administration effective. To fulfill the constitutional responsibility and in the context of executing a policy of zero tolerance towards corruption in the judiciary, separate letters are sent to Karki, Bhattarai and Shrestha to provide facts, figures, information or evidence that clarify the declaration and claims made by NBA officials, to the chief justice via his personal secretariat, for further investigation and clarification," states the press release issued by Baburam Dahal, deputy spokesperson at the apex court.
The apex court has also stated that the court administration is attentive and alert to the issues raised regarding corruption within the judiciary. "If there are any facts and evidence to prove corruption, necessary action as per the existing legal provisions would be taken immediately against the individuals concerned after probing the facts and evidence," states the press release.
The apex court has urged one and all not to believe anything that tarnishes judicial independence and purity as there are simple and accessible provisions for complaining about any wrongdoing and initiating investigations into them.
As the Supreme Court has asked for clarifications on its declaration, the NBA has called an urgent meeting of its executive committee and advisors for Sunday. "Nepal Bar Association will first discuss the letter with its advisors on Sunday and come up with an official statement," said Sunil Kumar Pokharel, general secretary at NBA.
NBA Vice-Chairman Tikaram Bhattarai, who is asked to clarify his statements to media, said that he individually welcomes the letter sent to him if the chief justice is really interested in stamping out corruption in the judiciary. "What I told media was not only my view. It was about the declaration of the national conference. The declaration was the collective opinion of lawyers across the country and it stated that corruption exists within the judiciary," he said.
"If the chief justice assures us that he is really concerned about corruption within the judiciary, we can provide facts and evidence in future," argued Bhattarai.
NBA General Secretary Pokharel said it is not only the NBA declaration but also the documents of the judiciary itself that have made the corruption claims. He cited a report prepared by a taskforce coordinated by then SC justice Khilaraj Regmi some years ago to support his argument. "For the first time, the report submitted by Justice Regmi had highlighted the existence of middle-men within the judiciary system. The NBA declaration came in the context of all these reports and represents all lawyers across the country," he said.
Meanwhile, an official at the NBA said that their leadership is taking the letters sent to the NBA and the two advocates seriously and have been analyzing the chief justice's move. "The declaration had urged the Judicial Council to take action against corruption but the personal secretariat of the chief justice has sent out the letters. We have been analyzing the move of the chief justice," he said. "It could be the response of the chief justice as some justices had pressured him upon his arrival back from a visit to India," he said on condition of anonymity.
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