Some of his verdicts are considered momentous precedents mainly in terms of combating corruption. Shrestha, who is retiring after a month, has decided not to handle any cases from Tuesday onwards. He spoke to Republica´s Bimal Gautam and Nagarik´s Kiran Bhandari about his landmark decisions, experiences and his plans. [break]Excerpts:
You had committed yourself to curbing corruption immediately after assuming the post of chief justice. Did you achieve your goal?
I had told journalists that my first priority would be controlling corruption within and outside the judiciary. The Judicial Council (JC) was very inactive. I tried to activate it. I formed two high-level probe panels to investigate alleged irregularities involving judges. The JC found some judges guilty of dishonesty and I decided to sack them. For the first time, the JC decided to recommend to parliament to initiate an impeachment process against an incumbent SC justice. I have called another JC meeting for Monday. That meeting will decide the fate of six more judges.
I transferred officials found guilty in the CD scandal to remote areas in a bid to discourage corruption within the judiciary. I handled corruption cases from my own bench, which is a rare practice in the judiciary. My successor Khil Raj Regmi supported me in settling corruption cases from my bench. We have re-opened dozens of corruption cases that were initially nullified by the Special Court. I have sent out a message not only to corrupt politicians but also to corrupt officials, especially those working at the CIAA. I am satisfied with my performance.
Did you come under any kind of pressure? Did anybody try to influence you, especially while you were settling corruption cases?
Imagine for yourself. I received pressure especially in the case of former minister Chiranjibi Wagle. But the level of pressure I received this time was slight compared to the pressure I received some 11 years ago. When I was serving as chief judge at Pokhara Appellate Court, a former minister pressured me a lot to legalize the transfer of public land to his name. About 35 ropani of public land situated near Phewa Lake in Pokhara was illegally transferred to the name the former minister. I scrapped the relevent decision of the Land Revenue Office. A judge should not be unduly influenced under any pretext. I could have earned Rs 150 million had I accepted a bribe. But I was never swayed by any such influence.
What is the source of your motivation? Which acts of which former chief justices motivated you the most?
I was impressed especially by the decisions taken by former chief justices Hari Prasad Pradhan and Bishowanath Upadhya. We have to respect their roles in terms of the independence of the judiciary and for their bold decisions. Besides, I am guided by divine power. I believe in religion and the gods and am guided by spirituality.
You served only a short period in the capacity of chief justice? Were there more things you would have done but couldn´t due to the short span of time?
I have blazed some trails. I hope my successor Khil Raj Regmi will follow the trails I have blazed so far. I am confident that he will continue the precedents and along those paths because he has maintained a clean image and honesty as a justice. He has to follow good precedents.
What are the qualities of a good judge?
Hard work, honesty, discipline, fairness and boldness are the basic qualities of a good judge. A judge having these qualities will never have to bow before anybody.
You were confronted by pressures while dealing with corruption cases. What are the causes of corruption in society?
Fifty to sixty percent of corruption within the judiciary can be controlled if the chief justice himself is clean. The level of corruption can be controlled extensively if the prime minister, the police chief, the army chief, the anti-graft body chief, the Chief Election Commissioner and the Public Service Commission chiefs are honest. Greed and covetousness are the sources of corruption.
You could have settled corruption cases immediately after your appointment as chief justice. Why did you handle the corruption cases only just before your retirement?
I initiated the anti-corruption moves immediately after assuming the post. However, I handled the corruption cases only of late because the turn for hearings in the corruption cases came up late.
There have been allegations that you sometimes ignored legal procedures and the philosophy of law while settling serious cases? Is that ture?
I haven´t gone beyond the limits of jurisdiction while coming up with my verdicts and orders. I never mind and care who says what and who writes what. I never requested anybody either to speak or to write in favor of me.
What is your experience regarding the role of middlemen in promoting corruption within the judiciary?
Middlemen have long been contributing to the rampant corruption in the judiciary. Such men even try to influence the wives of chief justices. A middleman tried to influence my wife. I transferred him to a remote area. Judges must discourage such middlemen and I had to fight corruption continuously.
What role can the judiciary play to establish rule of law in the country?
See the judiciary´s role during the royal regime in 2061/062 BS. The then king took over power and arrested hundreds of political leaders and party cadres. It is the judiciary that released them. The then king formed the Royal Commission on Corruption Control (RCCC) and delegated it unlimited powers. We five justices dared to nullify that commission, pointing out that the formation of the RCCC was unconstitutional. We had risked our lives and careers in deciding to nullify the RCCC. We issued various verdicts in favor of press freedom.
But I am not happy with the leaders´ decision to set up a constitutional court in the country. Such a court can invite serious problems in future. It could invite a crisis of jurisdiction between the Supreme Court and the constitutional court. Such a court is not feasible in our context. A constitutional court will ultimately hamper the independent judiciary. If there is no independent judiciary, there is no press freedom. Even a good constitution cannot make the people happy if there is no independent judiciary and press freedom.
You are retiring after a month. What are your plans?
I won´t accept any public post in future. I won´t work for any government office. I will lead an absolutely spiritual life. I love worshiping the gods and doing meditation.
You have set another good example by deciding not to handle any cases for one month before your retirement. What is your objective behind this decision?
People can doubt my intention if I involve myself in handling cases to the very day of my retirement. It is good to take leave 15 days prior to retirement. I am taking 15 days leave and have decided not to look at any case for a month. This is not a bad practice.
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