All of us observed that Shrestha performed a pretty good job than his predecessors. Whatever he did in his 13 month-long tenure for reforms in judiciary, it has at least cleared a trail for his successor. Actions speak louder than words. This is what Shrestha made clear to the people and drew accolades from them for reinvigorating the judiciary which is often likened to being lethargic and lackadaisical in tackling corruption. He set some milestones like proactively publicizing his property details on the website even if there is no law making disclosure mandatory for judges. He even made surprising visits to district and appellate courts to see how judges were delivering services to the people. Shrestha even wrote to the legislature-parliament via the judicial council (JC) to initiate impeachment process against SC justice Rana Bahadur Bam for releasing culprits involved in a kidnapping case.
Before going on retirement sabbatical, he proposed sacking two appellate court judges at the JC’s meeting for their involvement in moral misconducts and corruption while four other judges were warned of stringent actions. When Shrestha intensified his anti-corruption battle, it caused ripples across the judiciary. It was under his leadership the JC got a new lease of life for initiating investigations into complaints pending for quite a long time. It was highly appreciated because dismissing two appellate court judges ringed a bell to the other working judges that they should maintain high values of integrity and morality. He daringly embarked on rare and landmark initiatives in Nepal´s judicial history. Because of these intrepid and bold judgments, former CJ Shrestha raised people´s expectations higher.
Conviction of Chiranjibi Wagle on corruption charges after six years since the case was appealed to the SC in 2004 is, however, just the tip of the iceberg as there are many to be convicted. Nevertheless, the verdict was stronger in the moral value it has added to the deteriorating image of the judiciary. The verdict on Wagle´s case has set a good template, which is enough to lend momentum to judicial course on anti-corruption cases. These verdicts not only raised the eyebrows of the corrupt within judiciary but also reawakened people´s expectations who had almost lost hope in judiciary´s capacity to deal with corruption.
Indubitably, Regmi has made a reputation for himself as being a staunch votary of justice by delivering landmark judgments on some cases. Recently, he along with former CJ Shrestha ruled on corruption case of the former minister Wagle. It is because of their groundbreaking decision that a high-profile politician has been put behind bars on corruption charges. Regmi came to limelight when his bench had issued a verdict to release political detainees during the royal takeover in 2005, which served as a precedent for the release of hundreds of other political detainees in those days.
Khil Raj Regmi’s 37-month-long term as the chief justice would be extremely challenging in the backdrop of the need and urgency to issue verdicts on about 300-plus corruption cases, around a dozen of which include political heavyweights, former police chiefs and senior bureaucrats.
Just a couple of months ago, a bench led by Regmi upheld the decision stating that the Commission for the Investigation of Abuse of Authority (CIAA) secretary has the delegated power of a commissioner to investigate and prosecute corruption cases as per constitutional provision. At a time when the CIAA was facing the absence of commissioners, this judicial clearance had pumped up the CIAA to expedite investigations into scams such as purchase of Armored Personnel Carriers for Nepali peacekeepers in Sudan and file charge sheets against the corrupt officials based on the Lamsal Commission´s findings.
Anti-corruption agency and judiciary are two sides of the same coin in a state-led campaign against corruption. Lack of synchronization between prosecution and conviction of corruption cases eventually leads to a failed anti-corruption crusade. Our past anti-corruption endeavors were botched up because of the failure in synchronizing performance of these two important institutions. The gestation period for corruption cases in Nepal has been normally five to six years, sometimes even more in some cases contrary to legal provisions of nine months at the most including time taken for appeals at the apex court.
Soon after being named for the post of CJ, Regmi with all smiles had reiterated his stand against corruption and said that he would make no compromise on justice. "My work and my achievements will speak for me," he said confidently while talking to the media. People now have unflinching hope on CJ Regmi. They hope that the apex court will leave no stone unturned in tightening the hold on the corrupt. Truth be told, lengthy litigation has been a culprit in combating corruption in Nepal. Thus, CJ Regmi will have to cut down prolonged litigation time and hear corruption cases with much priority and sensitivity. Fighting corruption is central to the process of reinvigorating our judiciary. The newly-appointed CJ well understands this fact because failure to confront corruption will obstruct his future reform initiatives in the court.
Fatigued by chronic corruption, many countries have initiated fast-track process to deal with this malaise. And the role of judiciary becomes the most important in this regard. Cases of corruptions are very sensitive that demand differential judicial treatment depending on the gravity of corruption charge-sheets. Few months ago, Chief Justice of India (CJI) S H Kapadia, for instance, directed the SC, all high courts and districts courts to put all corruption related cases on "fast track" on priority basis. In letters to CJ’s of high courts and districts courts, CJI Kapadia asked them to ensure that all cases registered under the Prevention of Corruption Act are "fast tracked and taken up for hearing on priority basis." In yet another major initiative, the Indian government sanctioned 71 new fast-track courts in different states to boost prosecution on corruption charge-sheets. People like us who are wary of soaring corruption anticipate proactive initiatives and differential treatment approaches of this sort from our judiciary as well.
CJ Regmi has to take forward unaccomplished reform measures of his predecessor on war footing so that he can fulfill people´s right to justice by providing good, speedy and efficient legal system. It is high time to revamp our legal system with a proactive strategy. It is not an easy task to achieve quick results given the exisiting system, but in view of the urgency for timely justice to the corrupt, he should commit himself for the sake of a better judicial system. As American-African freedom fighter Martin Luther King once said, "Injustice anywhere is a threat to justice everywhere." This aphorism rings true as a long wait for justice is an injustice.
CJ Regmi, who is known for maintaining strict judicial discipline, has assumed the office amidst wide expectations from the public. For the judge, who comes in second with 1,000 judgments in 2009/10, his 37-month-long term as the CJ would be no less challenging in the backdrop of the need and urgency to issue verdicts on about 300-plus corruption cases, around a dozen of which include political heavyweights, former police chiefs and senior bureaucrats. People have now pinned big hopes on the newly-appointed CJ who should not lag behind at any cost in keeping up with Shrestha´s legacy.
pbhattarai2001@gmail.com
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