Of the 70 judges—60 percent from district courts, 40 percent from appellate courts—over 20 of them (30 percent) are charged with taking bribes and misconduct, which essentially means that the judges failed to perform their duties impartially. This is dangerous especially considering the fact that we are talking about the country’s courts, which are supposed to be the temples of impartiality. The only positive that we can draw from the numbers above are that not a single judge from the Supreme Court, which is usually the court of last resort, were involved.
It is essential for the JC to get into the root of the matter by carrying a thorough and an impartial investigation. We need not spell out that those judges who are proven guilty should be meted out appropriate punishment. So far, the JC has refrained from making public the names of the judges but when the investigation is over, it would serve well to publicize the names of the guilty. This is not about a handful of judges but about the judiciary as a whole. In Nepal, too often corruption goes on unabated because the consequences of taking bribes are nothing to fear about. More than humiliating those involved in corruption and malpractices, the main idea behind stripping naked in public such defaulters is to discourage potential perpetrators.
We hope that the JC will act differently this time around. In the past, the JC has conducted itself in ways that gives us room to be skeptical about it. Take for instance how it gave a clean chit to judges that the Bhairab-Lamsal Commission, which was entrusted with the responsibility of studying the personal property of those occupying public offices (including judges), had indicted. Then, most legal watchers had concluded that it was a clear case of favoritism. We can only hope and pray that the JC this time would conduct itself in a way that befits its stature.
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