Challenges for new chief justice

We would like to congratulate justice Ram Prasad Shrestha on being named the next chief justice of the Supreme Court. Barring an unprecedented development, his confirmation at the parliamentary Special hearing Committee is confirmed since Shrestha is the seniormost justice at the apex court and in the past the most experienced justice has gone on to occupy the top post. Getting the nomination was easy and a foregone conclusion; meeting the challenges facing the judiciary will test the determination of the topmost justice in the country. His tenure would be of 13 months. Although this is not ideally enough to cleanse the rot in the judiciary but certainly more than the combined tenure of his last two predecessors. Shrestha could accomplish a lot vis-à-vis stamping out corruption in the judiciary and providing speedy justice to people.



The outgoing Chief Justice Anup Raj Sharma had initiated reforms in the judiciary and his successor should continue that. On March 5, Shrestha publicly said that 60 percent of the judicial ills can be fixed if chief justice, appellate court chief judges and district judges act properly. We appreciate this statement. Shrestha has already committed to punishing the corrupt judges serving on the courts across the country. He could start by taking the case of 70 judges who are under investigation for corruption charges. He himself is on the Judicial Council which is probing the conduct of some 70 judges. All the judges who are found to be involved in malpractices must be punished in an exemplary manner. We would like to remind the CJ nominee that all justices, upon appointment, promised reforms but very few, if at all, have delivered on that promise.



Another serious problem plaguing our judicial system is the backlog of cases. Justice delayed is justice denied and this cliché is, sadly, so true when it comes to people getting timely justice in Nepal. We also urge Shrestha to ensure that the court’s orders are honored. On occasions the courts’ orders, including those of the Supreme Court, have been flouted. He should talk to the executive about ensuring the implementation of the courts’ orders.



Unlike his outgoing predecessor, Shrestha faces a new challenge besides the existing problems that our judiciary has been facing for years. It is during his tenure the country is likely to get a new constitution. He has to fight to ensure that the judicial independence and constitutional supremacy is ensured in the new constitution. We are with him and the judiciary. We would like to reaffirm our stance that constitutional, and not parliamentary, supremacy should prevail. Unfortunately, the Constituent Assembly has already got a draft that has put the judiciary under the parliament. We have already denounced this measure. Justice Shrestha has to remain vigilant and even lobby to get this provision dropped in the final draft of the constitution. We wish him all success.

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