Acting Chief Justice Urges Judges to Deliver Justice Free from Fear and Influence

Kathmandu. Acting Chief Justice Sapana Pradhan Malla has urged judges to deliver justice free from any fear and influence. Speaking at a program organized on the occasion of Law Day on Saturday, she called on all legal professionals to move forward with indomitable courage, free from the fear of a two-thirds government or impeachment. Responding to a question raised by the Speaker of the House of Representatives at the program, Acting Chief Justice Malla clarified that the judiciary can function at the spirit of the constitution and the speed of the government. However, she said that for this, the judiciary must be equipped with resources. 'Justice is not possible under fear and influence,' she said, 'whether it is the fear of a two-thirds government. Whether it is the fear of impeachment.' During her address, Malla raised a serious question as to whether attempts are being made to make the judiciary an 'obedient judiciary' by weakening constitutional supremacy and judicial sovereignty under the guise of exercising authority and law. Emphasizing that the final destination of justice should not be made a mask for protecting one's own interests, she warned that if there are attempts to intimidate and scare to replace justice, it will lead to an abyss. Alerting about such tendencies, she said, 'It cannot be said that the tiger that eats one will not eat another.' She stated that the constitution should be a legal document for state operation as well as a way of life for citizens. She recalled former Chief Justices and legal professionals who contributed to protecting the judiciary from the arbitrariness and undue interference of the executive in the past. She also expressed gratitude to the government, Bar Association, civil society, and the UN system for their cooperation in rebuilding the damaged structures after the unexpected events of Bhadra 23 and 24, which pushed the judiciary into a difficult situation. She informed that the judiciary is now moving towards revival with the agenda of 'recovery and reform'. Stating that any work done by keeping the constitution in its current state or distorting it cannot be a revolution, she mentioned that self-serving actions that kill law and legal tradition will reflect autocracy. She said that everyone must show courage and capability to thwart conspiracies against the rule of law. Malla said that she has been fighting against discrimination and injustice throughout her life since she was a lawyer, and that fight is still ongoing, urging everyone to commit to capable, fair, and just justice. At the end of the program, she appealed to all citizens, media, and other stakeholders to protect constitutionalism, the rule of law, civil rights, and the independence of the judiciary. She said that the presence of distinguished guests including the President and Vice-President created a sense of reunion and pride among the state organs, and extended Law Day greetings to all guests and legal professionals.
Full text of the address is as follows
The constitution should be a legal document for state operation as well as a way of life for citizens. Only then can ordinary citizens have a real sense of constitutional and governmental change. On this special day today, I wish that all of us, embracing these values, can act with high dedication and contribute. I also pay high respect to the former Chief Justices and all legal professionals who have contributed to keeping the values of an independent judiciary intact even in the extremely complex and difficult situation of judicial history, and to protect the judiciary from the arbitrariness and undue interference of the executive based on the dignity of the constitution. Today is a day to show commitment to the honest implementation and adherence of the constitution and to protect the rule of law. Today is also a day for all of us who are operators and stakeholders of democracy and the rule of law to introspect on our efforts and shortcomings in the true protection and implementation of the constitution and the rule of law. After the unexpected events of Bhadra 23 and 24, we were in a difficult situation. I want to express my sincere appreciation to the Government of Nepal, Provincial Government, Local Government, Nepal Bar Association, Civil Society for their cooperation in rebuilding the damaged structures during a very difficult time, and also to the UN system for cooperating with the judiciary. I also thank the service recipients for their patience and restraint. The judiciary is moving towards revival by embracing the agenda of recovery and reform. Certainly, no one is, and no one can be, above the constitution, constitutionalism, and constitutional morality. There is no alternative to creating a conducive environment for the implementation of the constitution. However, questions are now being raised as to whether attempts are being made to lay the foundation for an obedient judiciary and unequal application of the rule of law by weakening its foundations and guarantees of constitutional supremacy, freedom, and judicial sovereignty under the pretext of exercising authority and law. Questions are also being raised as to whether we are engaged in a malicious attempt to make the final destination of justice a mask for protecting our own interests. There is also a fear that an environment will be created where attempts to replace justice, which cannot be compromised for any reason or in any circumstance in the coming days, will be tolerated by making excuses for one reason or another against the eternal need. If such tendencies are tolerated or defended in any way through constitutional, governmental, or structural processes, or if attempts are made to justify them in the immediate intoxication of power, its abyss can be understood. It cannot be said that the tiger that eats one will not eat another. Work done against the constitution by keeping the constitution in its current state cannot be revolution or change. The stakeholders of the constitution cannot be adorned by distorting the constitution. The loyal implementation of the constitution cannot happen unless those who violate the constitution are held accountable for it. The attempt to establish the excellence of one's own environment by choosing change by breaking the structure will surely benefit those in power, but it is certain that the dreams of those who expect law and legality will be shattered. Self-serving actions that kill law and legal tradition are bound to be shattered. Self-serving actions that kill law and legal tradition also give a glimpse of autocracy. While tampering with the law in the name of justification may be natural for arbitrary rulers, it is not tolerable for those who believe in the rule of law. This is something we all need to consider in this entire process. We must all show the courage, capability, and commitment to stand up against conspiracies against the rule of law. If this does not happen, we cannot assume that our vision of a constitutional system, a democratic order, and a just society will remain automatically protected. Honorable Speaker, you expressed in one place that the judiciary can also function at the speed and spirit of the government? I want to say, the judiciary can function at the spirit of the constitution. It can function at the speed of the government. The spirit of the constitution, the speed of the government. Then the judiciary can function when the judiciary is made resourceful. And I want to tell all our judges, justice is not possible under fear and influence. Whether it is the fear of a two-thirds government. Whether it is the fear of impeachment. I call upon all legal professionals from here today to move forward with indomitable courage, free from fear and apprehension. I myself have fought against discrimination and injustice all my life. Since I was a lawyer, the fight still remains. May today inspire us all to work with commitment for capable, fair, and just justice. In this serious and dire hour, I heartily appeal to all citizens, Nepal Bar Association, the general public, civil society, and all concerned organizations and individuals to protect constitutionalism, the rule of law, civil rights, and the independence and dignity of the judiciary. Honorable President, Honorable Vice President, I express my heartfelt gratitude for your guardianship at this program. The tradition of the harmonious reunion of all organs of the state on the special and glorious occasion of Law Day has been continuously and proudly continuing. We are extremely happy and proud to be able to witness this tradition alive today and to feel the presence of honorable representatives from various organs of the state under one roof. Finally, I express my heartfelt gratitude and appreciation to the Honorable President for the immense sense of pride given to us by your dignified presence at this special ceremony. I also express my heartfelt gratitude and thanks to all the distinguished guests and guests who accepted our invitation and attended the ceremony, and extend my heartfelt greetings to all of you on the occasion of Law Day. Thank you, Namaste.