Constitutional bodies for resolving deadlock in judiciary through talks and dialogue

KATHMANDU, November 16: Various constitutional commissions have called for sorting out the problem seen in the Supreme Court by means of talks and dialogue. The National Human Rights Commission, the National Women Commission, the National Dalit Commission, the National Inclusion Commission, the Indigenous Nationalities Commission, the Madhesi Commission, the Tharu Commission and the Muslim Commission, through a joint statement today, urged all sides concerned to guarantee the right of the citizen to get timely justice by creating an environment for regular hearing of cases.

The joint statement reads: "We sincerely request all sides concerned to realise that solution to all problems is possible as per the the constitution and laws, to end the deadlock through talks and dialogue and to guarantee the rights of the citizen to get justice in time by creating an environment for the regular hearing into the cases." The joint statement has also urged all sides concerned to identify the root problem of the present imbroglio seen in the country's justice dispensing supreme institution, to show seriousness in resolving such types of disputes having long-term impact and to internalise that this kind of dispute will not only put the constitution into jeopardy but also put democracy itself at risk.

It calls for the realisation that the way out of all problems is possible as per the constitution and the laws. It is stated that the attention of the office-bearers of the constitutional bodies was drawn to the situation in which the hearing of the regular cases including the habeas corpus cases has remained stalled at the Supreme Court since October 25 and this has hampered the citizen's right of getting speedy justice.

"It is unfortunate that a rift has emerged between the Bar and the Bench as dispensation of justice in an effective manner can take place only with the collaboration, co-existence and coordination between the Bar and the Bench," reads the statement. It states that the current judicial scenario of the nation has hampered and created obstruction in the usage of the constitution, constitutionalism, the rule of law, and the human rights and fundamental right of the citizens.

"This type of obstructions and obstacles cannot be considered sound no matter from where these have come from. Chief Justice and the Justices are equally responsible for delivering justice in the court, and the Chief Justice, the justices, the judiciary's employees and the Bar, all make the Judiciary."

The statement further states that there is no other alternative to adopting a constitutional, legitimate and justifiable way in resolving the problem since emergence of this type of dispute or problem in the judiciary creates challenges to the constitution and democracy itself.

It is in the national interest for all the stakeholders to seek solution to the present problem by becoming flexible in their respective stances and by backing out from the dispute created due to their disagreements in the interest of justice and the people.