Editorial

SC’s landmark verdict to ensure political accountability

Published On: August 8, 2023 07:40 AM NPT By: Republica  | @RepublicaNepal


In a significant move towards combating corruption and ensuring accountability, the Supreme Court (SC) has delivered a verdict that sends a clear message: those responsible for financial irregularities will not escape justice, regardless of their position or status. The ruling, handed down by a joint bench of Justices Anil Kumar Sinha and Kumar Chudal, sets a powerful precedent that has the potential to reshape the nation's fight against graft and discourage attempts to evade scrutiny. The decision by the apex court to include high-ranking officials within the scope of investigation marks a bold step towards dismantling the prevalent culture of impunity that has long plagued Nepal's governance system. The focus of this investigation is not only on those who execute decisions but also on the decision-makers themselves, irrespective of their stature. This landmark move brings former Prime Ministers Baburam Bhattarai and Madhav Kumar Nepal, along with then Chief Secretary Lila Mani Poudyal, into the ambit of accountability.

The court's ruling holds immense significance, particularly in the context of a case involving the Lalita Niwas land grab scam. The decision highlights the necessity of investigating and prosecuting individuals at all levels of involvement in financial malpractice, setting the stage for a more comprehensive approach to tackling corruption. This inclusion of high-level officials who played instrumental roles in the decision-making process underscores the principle that no one is above the law. One of the most noteworthy aspects of this verdict is its potential to thwart attempts by individuals to manipulate cabinet decisions to escape the scrutiny of anti-graft bodies such as the Commission for the Investigation of Abuse of Authority (CIAA). The apex court’s stance is unequivocal: accountability must prevail, and those found guilty of wrongdoing will face consequences, regardless of their position or influence. The verdict that came in response to a writ petition filed by Yograj Paudel reflects the court's commitment to pursuing justice without bias or discrimination. It underscores the imperative of focusing investigations on all parties involved, rather than merely targeting individuals without legal standing. By directing attention to the primary decision-makers, the apex court has reinforced the principle of fair and impartial justice.

Additionally, the apex court's decision emphasizes the importance of a transparent and independent investigation process. While acknowledging the capacity of related agencies to conduct competent investigations, the SC makes it clear that an independent judicial review is essential to ensure complete justice in matters of public concern. This judicial oversight bolsters public confidence in the justice system and reaffirms the court's dedication to safeguarding the principles of equality, protection, and the just application of the law. Furthermore, the SC's invocation of Article 133 of the Constitution of Nepal reveals its commitment to upholding the public interest in cases of alleged corruption and financial misconduct.  As the wheels of justice turn and the investigation unfolds, it is imperative that all stakeholders, including law enforcement agencies, the judiciary, and the media, remain vigilant in their pursuit of truth and accountability. As a newspaper, we believe that the verdict to include high-ranking officials involved in decision-making within the ambit of investigation serves to strengthen the fight against corruption, curbing the tendency to evade scrutiny by manipulating cabinet decisions.


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