CORRUPT JUDICIARY: Call for a reform

Justice Giri was assaulted by one PK Gupta yesterday. The assaulter has said that he wanted to take revenge with those “corrupt justices” including Giri who according to him denied justice (to him).

Judiciary and corruption is synonymous in Nepal. People know that the majority of people in the courts are corrupt.

I don’t know much about this Justice Giri. But after seeing his bungalow, one has to wonder how he who gets not more than Rs 25,000 as salary every month became well-off. (Chances are he inherited the property and may be his children are in profittable business, however.)

I have some relatives and acquaintances in the judicial service. From clerk to Supreme Court justice. All corrupt. Mr. PK, a lawyer works as a middleman between defendants and his father-in-law Justice HRK. Mr. KPK brings home valuable goods—confisticated ones– from the court’s store and gifts some to his godfather Justice RB and other hakims. KPK carries money from accused and criminals to his godfather to influence the verdict. One of the sons of RB’s studied medicine paying donation in an expensive medical college and another did engineering course in similar way. MT, a clerk, bought land in the Valley and two taxis after working in the Kathmandu District Court for two years. ……..

The judiciary is like a banana republic. No control from anywhere. People there think they are above the law. They interpret the law and constitution in their own favour only.

Reform is called for in the whole system. For that, the new government that will be elected by people very soon should offer voluntary retirement to all judges and staffers in the judicial service. (Better is the compulsory voluntary retirement.) That is not enough. There should be a strong and honest commission to investigate the property of all those who retire or prefer working.

Though What Mr. Gupta did yesterday cannot be welcomed, such things were (are) obvious. Unless the judiciary becomes honest, such things would keep on happening despite the police security.

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2 comments on “CORRUPT JUDICIARY: Call for a reform

  1. Hi there,
    To relieve you from the fist confusion about Justice Giri’s property, he has been in service for 3 decades and inherits land in Maharajgunj, Janakpur and Mahottari from his ancestors. A decent family income is generated fom all of his educated and employed sons and daughter-in-laws. Economist, DSP, Loan Officer, Principal, Civil Engineer, Engineering Project Manager, Lawyer and NGO Project Manager are eight pearls of the Giri Family necklace.
    Though born as a son of a farmer, Justice Giri took up every difficulties to educate his children. Besides, he is an example among those top notch poisitionholders of nepal who has welcomed a daughter-in-law from the Dalitcommunity, despite shameful public comments from relatives and neighbors.
    Justice Giri, opened the path towards the present democratic movement leading to dethroning the King, after his decision on declaring the Royal Commission to Control Corruption. this was the first blow against the king and this initiated and fueled the movement against the anarchy.
    To be practical, an attack on him should not only be taken as a person incident, it should be taken as an attack on the independence of the judiciary as a whole. Unless a judge is provided free, fair and threatless environment, a cent-per-cent justice cannot be guaranteed!
    Recent investigation in this matter has revealed that Gupta was not alone. He was with 4 other criminals who all came from birgunj. They lived in kathmandu for 3 weeks before attacking Justice Giri. Their plan was to attack all 11 judges, to be precise kill them! The first thing Gupta said to Giri that you all have to resign or we will make you disabled or kill you……and he pounced on Justice Giri. Giri on the otherhand overpowered him and shouted for help and was successful in getting the culprit behind the bars.
    Gupta’s previous criminal recorsd shows that he is a professional with 3 petty crimes under his belt. He is nothing but a hired assualter.

    WHY WAS HE ATTACKED?

    Justice Giri hails form the Terai Community himself. People from Janakpur and Birgunj were always welcomed inside the house without any hesitation. Justice Giri always talked to the terai natives in their language and heard their grievances. It is an irony that a person from the same community attempted an assassination.

    There are three possible theories behind the attack:

    A. Terai Mukti Morcha: This wing of maoists split from the mainstream and has waged war against the CPNM. Recent actions of TMM reveal that they have atarted to follow the path of CPNM, torturing people, threatening then, extorting donation and killing. The judiciary decides thousands of cases every year and thouands win! In the same time every case also defeats thousands. The loser’s are offended and want revenge! The trend of criminals joining CPNM in the past is now being repeated in TMM. It is not a matter of stress for a Terain to join TMM.

    B. Crown Prince Paras: Recent news about TMM, reveals that TMM is being funded and designed by the Royal Palace. You must have read a recent comment by Prachand that TMM is backed up by the Palace. Besides there are also news that Crown Prince Paras has started to train the gundas and hooligans in india and bordering towns and has also started to fund the Kathmandu dons, to return back to power by hook or by crook.

    C. Gyanendra: The Royal Commission to Control Corruption was declared unconstitutional and null and void by a full bench of the Supreme Court led by Justice Giri. The judges of the full bench are ‘ironically’ marked in the list of judges Gupta was carrying. A wounded tiger is more fierce than a normal tiger. The King may have himself decided to avenge starting form the root of the downfall o his empire.

    D. Lifting the Judiciary’s Veil: A Chief Justice is declared based on the seniority. Every judge has his turn unless he turns 65 before he reaches the position. If any judge in line to the CJ retires or dies, the judge next in line gains the remaining term of such judge as an addition to the tenure he/she will be a CJ. Justice Giri is scheduled to be the CJ in August 2007 until June 2010. If he were to be eliminated, others would have gained! (See deshanter Weekley).

  2. Pingback: In response to the comments « My world, my perspective

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