According to Minister for Law and Justice Prem Bahadur Singh, his ministry is currently studying what to include in the amended act. Singh´s move to make judges´ personal property public comes at a time when questions are being raised over the sources of their incomes.
The Judicial Council (JC), the only body authorized to appoint, punish and dismiss judges, hasn´t conducted even a single investigation into the personal property of judges who have come under suspicion, despite repeated demands by the public.
“We are now thinking seriously how to include such a provision in the JC Act,” Singh said, adding, “We are studying the legal aspects.”
He did not say when the government would enact such a provision, but hinted that it would not be long. “I had tried to bring in such a provision during my previous term as law minister, but had to withdraw under protests from judges. I will not budge this time,” he added.
He said he is holding talks with Judicial Council members soon for amending the law.
“I will first call the JC meeting and expedite the process,” Singh said. He also recalled the bitter experience of past efforts to bring such a provision after amending the Corruption Control Act.
Currently, the prime minister, ministers, members of parliament, government employees and security officials are required to make their personal property public.
The Corruption Control Act-2059 has a provision making it mandatory for all those in public positions to disclose their assets annually to the offices concerned. However, the Act is silent about judges.
The Commission for Investigation of Abuse of Authority (CIAA) has been handling a number of corruption cases based on property details submitted by public servants under this Act.
“Efforts to bring judges under CIAA investigations are futile,” Singh said, “So, it should be mandatory for judges to make their property details public.”
Supreme Court Justice Anup Raj Sharma favors the law minister´s efforts. He, however, suggested that the minister should handle the matter carefully and not drag judges into unnecessary controversy like politicians. “Judges´ assets should be declared and make public. But the provisions in this regard shouldn´t be the same as for politicians and other public position holders,” he said.
Justice Sharma also urged Singh to strengthen the JC. “The JC should track the property of judges on a regular basis,” he said.
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