Nepal's Judiciary in Crisis: Arson, Corruption Trials, and Legal Challenges in 2082

Kathmandu. The early days of the year 2082 began with hope and optimism for the judiciary. However, the momentum was halted following the Gen-Z protests on Bhadra 23 and 24.

The protests led to arson attacks on the Supreme Court, as well as various High and District Courts. While a campaign to clear old cases was underway, 13 courts across the country were devastated by fire. A total of 39,745 active original case files and 909,534 records, including historical documents, were destroyed.

Before the arson, 24,234 cases were pending in the Supreme Court as of Bhadra 22. Approximately 90 percent of the files were burned. Following the destruction, the Supreme Court operated from tents near the ruins. The hearings for long-pending cases were delayed by seven months, affecting thousands of service seekers.

The Supreme Court's annual report for 2081/82 highlighted the immense challenge of reconstructing these files. Chief Justice Prakashman Singh Raut retired on Chaitra 17, 2082, due to the age limit, with Sapana Pradhan Malla taking over as Acting Chief Justice.

Supreme Court issues guidelines for file verification after arson

On Ashoj 5, the Full Court of the Supreme Court issued the 'Guidelines for the Retrieval and Verification of Case Files Destroyed Due to Special Circumstances, 2082,' outlining five methods for file recovery, including collecting copies from other agencies, website records, and documents held by judges and staff.

Key legal events of 2082

The Supreme Court had aimed to clear 8-year-old cases and reduce 2-year-old cases to zero by the end of Shrawan 2082, but the arson stalled proceedings, including the high-profile Transformer corruption case. Similarly, the Maina Sunuwar murder case and the Pappu Construction corruption case faced indefinite delays due to the destruction of files.

Notable rulings and controversies

The year saw significant controversies, including the unauthorized arrest of Resham Chaudhary using a forged Supreme Court letter, and the Supreme Court's order to investigate CPN (Maoist) leader Agni Sapkota regarding the murder of Arjun Lama. Additionally, the court upheld the appointments of 52 officials to constitutional bodies despite numerous petitions challenging the process.

Corruption cases against high-ranking officials

The Special Court saw a surge in corruption cases, including the Teramax procurement scandal involving former minister Mohan Bahadur Basnet, and the land-grabbing case involving former Prime Minister Madhav Kumar Nepal and 93 others related to the Patanjali Yogpeeth land issue. Furthermore, 55 individuals were charged in connection with corruption during the construction of the Pokhara Regional International Airport.