Acting Chief Justice Sapana Pradhan Malla Criticizes Undermining of Legal Traditions

Kathmandu. Acting Chief Justice Sapana Pradhan Malla has commented that work is being done for some self-interest by killing law and legal tradition. She made the remark on Thursday, pointing towards the recommendation for the Chief Justice of the Supreme Court by the Constitutional Council.

While expressing good wishes on the occasion of Law Day, she indicated the interference and pressure from other state organs, especially the executive and legislature, on the judiciary, saying, 'It cannot be said that a tiger that eats one will not eat another.' Acting Chief Justice Malla's statement indicated those in the intoxication of power and trying to trample the rule of law with the backing of power.

Her argument is, 'If today someone weakens the judiciary to fulfill their political interests, threatens judges with impeachment, or makes decisions by violating procedures, then that tendency (tiger) may turn against them tomorrow.'

She also warned that the 'weapon' used today to destroy others will be used to destroy oneself when one is out of power tomorrow.

'The attempt to establish the excellence of one's own environment by finding an excuse to choose change by breaking the structure may satisfy those in power, but the dreams of those who expect law and legality are sure to be shattered,' she said, 'Self-interested actions done by killing law and legal tradition also give a glimpse of autocracy. Tampering with law in the name of justification is arbitrariness, which is natural for a ruler, but it is not tolerable for those who believe in the rule of law.'

She stated that justice is no longer possible under fear and influence, and she is fearless and unafraid in any situation. Especially pointing towards the attempt to influence the dispensation of justice by showing the 'fear of a two-thirds government' and the 'threat of impeachment', she called on judges to move forward with indomitable courage without fear under any circumstances. She also said that justice is no longer possible under fear and influence.