"As the existing anti-corruption law does not cover corruption by judges, there is a need for enactment of a separate anti-corruption law for judicial corruption," said Justice Prakash Wosti, a member of the panel. [break]
"Corruption by judges is different from the graft committed while constructing a bridge," Wosti explained about the need to have a separate law to deal with judicial corruption.
At present, corruption by district and appellate court judges is tried under the Judicial Council Act but the law has been criticized for not giving needed jurisdiction to the council.
"The panel has recommended that the jurisdiction of the Judicial Council should be broadened and there should be a mechanism in place to investigate corruption by judges," the lawyer-turned-justice said.
If enacted, such a law will be the first of its kind in South Asia. Even in India, whose judicial system is often taken as a reference in Nepal, does not have a specific law to address graft by judges. Such a law is in place in the Philippines.
A four-member panel headed by senior most Supreme Court Justice Ram Prasad Shrestha prepared the report as part of the judiciary´s bid to identify the judicial ills that have tainted the judiciary. Chief justice Sharma formed the panel upon assuming the post in last December. The report is yet to be endorsed by the Full Court.
The panel has identified delay as the main malady of the judiciary that has led to erosion of public faith on the institution. The panel has identified costly justice as another problem. Lengthy procedure, frequent deferral of hearings and exemption of lawyers from the tax system, among others, have contributed to the costly justice system, the report states.
The report was prepared after interaction with 710 individuals affiliated with different stakeholders of the judiciary. The panel submitted the report to Chief Justice Anup Raj Sharma on Friday.
In the 156-page report, the panel has identified delay as the main malady of the judiciary that has led to erosion of public faith on the institution. It further says that there are both internal and external factors that have prevented the judicial system from being speedy.
"Twenty-four internal and 16 external reasons have caused delay in justice delivery," Shrestha said at a press conference at the Supreme Court.
The panel has identified costly justice as another problem of the judiciary. Lengthy procedure, frequent deferral of hearings and exemption of lawyers from the tax system, among others, have contributed to the costly justice system, the report stated.
"There is need for bringing lawyers under the purview of tax through registration of law firms in the Nepal Bar Council," it added. At present, only a limited number of lawyers are paying tax. "It is a welcome recommendation," said lawyer Madhav Kumar Basnet about the report.
The panel has also pointed out laxity in investigation and prosecution of of crimes by the police and the prosecutors and stressed on the need for institutional reforms in the Office of the Attorney General and Nepal Police.
"Sixty percent of the judicial ills identified in the report can be fixed if chief justice, appellate court chief judges and district judges act properly," said Shrestha, who is likely to succeed the incumbent chief justice on March 26.
kiran@myrepublica.com
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