Mainali Stood for Independent, Credible Judiciary
Mathura P Shrestha
The outburst of Biswokanta Mainali is a mere symbolic representation of what overwhelming majority of Nepal’s population had in their hearts and mind about present deteriorated judiciary system, and their peaking desire to make it really independent, transparent, reliable, trustworthy, accessible, accountable and respectable. He aired his view against the system, not the individual judges personally. Such extreme dissatisfaction over the status of the judiciary is not new, nor uncommon. Everybody are airing their dissatisfaction almost everyday and everywhere over the rampant corruption, incompetence and frequent miscarriage of very justice of and in it. People suffer rather than feel relieved by present justice system. A few weeks ago, even the Chief Justice of the Supreme Court publicly chided the judiciary system with a similar outburst of that of Mainali. Yesterday’s ‘unanimous’ decision of the judges has become a ‘laughing stock’ as an attempt to make the judiciary respectable with unconditional sanctity by force and by striking terror among those who want to make the judiciary really respectable and credible, that too misusing the very word, independent judiciary the ‘umbrella of trust’ entrusted to them nationally and internationally. I take that decision not against Mainali individually but against the very conscience and self of myself and of all responsible and thinking citizens including those judges, if what they really stood by their oath.
If the judiciary wants to keep it really independent and trustworthy it should outright cease to be non-opaque, mysterious and retributive with ‘eye for eye’ type of punitive, ‘corrective’ deterrence; should sincerely start to reform to make it really accessible to all – especially the deprived and victims of injustices -, inexpensive, efficient and rational; stop all forms of miscarriage of the very justice by playing loopholes in the system and legal provisions or by slaving ‘rakami’ mindset; and should make it open to all to criticisms in order to develop it dynamically and according to the philosophy of ‘need-based and distributive justice’ and according true ‘Loktantrik’ spirit and norms of international legal provisions of which Nepal is an inseparable part.
I appeal all civil societies, professionals, human right defenders and individuals to rally in solidarity against such retribution, against the very just and sensible descent to rudimentary and occult state of virtually non-relevant and corruption ridden present justice system. Any revenge-tainted retributive system, left unreformed, will not spare any person of reason, like a cat won’t spare any victim rats, black or white, brawny or weakling.
Yen, Friday, September 19, 2008
This statement may be widely transmitted, printed and disseminated. MPS