Wednesday, January 09, 2008

NBA report paints damning picture of Nepal judiciary
A report released by a panel constituted by Nepal Bar Association to study ways to improve the image of the judiciary has concluded that corruption is rampant in the sector.
The report of the research committee to enhance popular faith in judiciary released in the capital on Tuesday recommends a several measures to improve the tainted image of the judicial sector and to make the justice delivery system transparent, prompt and accessible and affordable to all.
It has suggested that the judges must be made accountable to discourage corruption and to make justice affordable to the general public.
The Bar Association had set up the committee after a CD revealing bribery in a case at the Supreme Court was flashed out last year.
The study panel has recommended a double penalty to judicial staff involved in graft taking, stating that corruption in the judiciary is more serious than in other sectors.
The panel report suggests that judges must be made mainly responsible for case settlement instead of making the court staff take bulk of the work pressure related to the cases.
The onus should lie mainly on the judges regarding the status of the cases, condition of the evidence collection, and the date to settle the cases, the report suggests.
The report further suggests that the judges should not be allowed to handle financial administration.
Another important suggestion is that the Law Minister must hail from the legal background as he or she is involved in a number of key positions, including the Judicial Council.
The Bar Association panel has also recommended a one-door policy while formulating the laws.
“Let us make Nepal Law Commission resourceful so that it can draft all the laws,” a member of the panel said. “The Law Ministry should not be allowed to prepare the drafts.”
A separate legislation for the implementation of verdicts and expansion of the jurisdiction of the administrative court are the other recommendations of the panel.

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