Former Chief Justice Gopal Parajuli Calls for Judicial System Reform

Kathmandu. Former Chief Justice of the Supreme Court Gopal Parajuli has said that the country's judicial system needs extensive reform. Stating that Nepal's judicial system is a strong foundation of democratic governance, he emphasized the necessity of structural and operational reforms in the judiciary. Speaking to News Agency Nepal, Parajuli mentioned that the issue of judicial reform has gained further importance with the arrival of new leadership in the Supreme Court, and stressed the need to focus the debate on how to make the judiciary effective, transparent, and service-oriented, rather than engaging in accusations and counter-accusations based on personal biases. He stated that the most important aspect for judicial reform is the accountability of judges. Although the constitution provides for making judges accountable, he believes that a system to make them sufficiently accountable has not yet been developed in practice. Development of a transparent and accountable system for judges is imperative Former Chief Justice Parajuli said that the process of judicial reform should start with the judges working at all levels. He stated that questions have been raised about the judiciary because the current judicial system keeps judges away from accountability. He argued that although the profession of a judge is related to the constitution and law, systemic problems prevent them from being responsible to the nation and service recipients. He emphasized that judges must fulfill the accountability stipulated by the constitution, and the Chief Justice should initiate this. According to Parajuli, while it is natural to debate the process of appointing judges, the main issue is their work style. He said that the primary responsibility of the Chief Justice is to reform the judiciary and provide easy services to service recipients. 'The job of a judge is based on transparency, accountability, and responsibility. They are fundamentally related to the constitution and law. New leadership has come to the Supreme Court. There were various comments regarding his appointment. However, instead of making accusations with prejudice against anyone, it is important to focus on how to make the judiciary transparent and service-oriented,' Parajuli said, 'The biggest issue is that judges have been kept away from accountability, which I have been saying for a long time. Judges must fulfill the accountability stipulated by the constitution.' Dissatisfaction with the lottery system Former Chief Justice Parajuli claimed that the system of assigning cases through lottery in the Supreme Court is not in accordance with the constitution and laws. Although there is debate about removing the lottery system, he said that judges cannot be made accountable by assigning cases in this manner in a democratic and judicial system. He emphasized that the legislature exists to 'check and balance' if the judiciary does not act in accordance with the law and constitution, and that cases should be assigned based on the competence and expertise of the judges. He accused the lottery system of misusing the expertise of judges. 'In a common law system, judges cannot be made accountable by assigning cases through lottery. This has not allowed the judges' expertise to be revealed, which has also led to a lack of quality in justice delivery,' he said. He suggested focusing on providing speedy justice to service recipients rather than wasting time writing lengthy judgments in decided cases. Constitutional amendment and judicial reform Regarding the government's preparation for constitutional amendment, Parajuli said that the amendment should be made only after incorporating suggestions from all sides. He stated that while some issues of judicial reform can be addressed through constitutional amendment, political consensus is necessary for this. He said that the judiciary should take seriously the public complaints that judges make decisions influenced by the media and that there are weaknesses in criminal justice delivery. 'There is a need for a liberal interpretation in cases like banking offenses. The current government, which is close to a two-thirds majority, should create an environment for the judiciary to work independently without controlling it,' he said. Systemic problems Parajuli claimed that the main reason for the delay in justice delivery and case resolution is not a lack of manpower but problems within the judicial system itself. He stated that the fact that the caseload has not decreased despite having sufficient judges clearly indicates structural and systemic flaws. 'It has not been possible to distinguish from the beginning which judge can hear which case or not. Because of this, 60-70 percent of judges do not hear their assigned cases,' he said. Emphasizing that judicial reform is imperative, he said that the parliament should also identify the flaws in the structure or working style of the judiciary. Finally, Parajuli demanded that the assets of government lawyers and judges at all levels should be investigated, citing examples from developed countries. He believes this will help make them more accountable and transparent to the nation and service recipients.