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Appointment to Judges is the License for Corruption: Biswokanta Mainali

Issue 38, September 21, 2008

By KTM Metro Reporter in Kathmandu

In one of the functions, President of Nepal Bar Association Biswokanta Mainali said that the appointment to Nepalese judges is the license for corruption. In response to it, judges of the Kathmandu Valley courts decided not to work for two hours from 10:00 AM to 12:00 Noon on Thursday September 18, 2008. However, it won’t make difference to the court cases, as most of the judges take time to sit for hearings and sit for work only well after an initial working hour 10:00 AM.

Legal experts say that if any press reporter or an editor of a newspaper has written it or said in public the judges would have drag him/her to the court charging him/her for a contempt of court but they went on strike for two hours against the public declaration of the President of Nepal Bar Association of the job of judges is the license for corruption.

In Nepal corruption is quite transparent. For example, the judges have acquitted the most corrupt former ministers such as Khum Bahadur Khadka, Ganesh Raj Joshi of the Nepali Congress Party and Rabindra Nath Sharma of Rastriya Prajatantra Party on technical ground even knowing that they have amassed huge fortunes while they were in the ministerial positions. Similarly, some judges also acquitted other corrupt civil servants using the loopholes of the legal provisions. So, President of Nepal Bar Association Biswokanta Mainali might not be far from the truth when he said, “Appointment to judges is the license for corruption.”

On September 18, 2008, the full bench of the Supreme Court of Nepal ruled to bar Biswokanta Mainali from advocating at any court for six months for his comment: appointment to judges is the license for corruption. In response to the ruling of the full bench of the Supreme Court, Biswokanta Mainali said that the ruling of the Supreme Court was despotic; the judges of the courts in the Kathmandu Valley acted as the trade union members troubling the people; they could have filed a contempt of court case against him if they felt his comment as defamatory.

 

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