Judges’ code of conduct
The Himalayan Times
26 April 2018
Judges’ code of conduct
A few months ago, then chief
justice Gopal Parajuly was embroiled in controversies for some of his
irresponsible acts. That caused tremendous damages to the supremacy of Supreme
Court (SC) and people’s faith on the judiciary system which should be independent,
impartial and transparent. He tried his best to defend himself using his
prestigious chair for his misdeeds. It was a shameful act on the part of a
person who held such a high office. The incident also dealt a demoralizing blow
to the supremacy of judiciary. It might be the effect of undermining democratic
process of the selection of judges and chief judge.
Having said this, we got to read a
news story regarding acting Chief Justice Deepak Raj Joshee’s meeting with
MC-CPN chair Prachand “Acting CJ’s meeting with Dahal ‘cause for concern’ (THT,
April 24, Page 1). Even though he has denied having any political discussion
during the meeting, constitutional expert Bhimarjun has termed the meeting “a gross
violation of the principle of independence of the judiciary”. Judges’ code of
conduct and the UN basic principle on the independence of judiciary adopted in
1985 prohibit judges from meeting with political leaders as they have to review
the work of the two organs of the state-the executive and the legislature.
In the past, political parties
were blamed for trying to politicise the judiciary. Some of the judges
appointed in the SC were affiliated to the political parties. Political parties
were heavily criticised for their undemocratic acts. However, no appropriate corrections
were made. Also, the role of some of the Constitution Council (CC) members
while confirming the appointment of the then CJ Parajuli was questioned related
to his multiple date of births. This time, appointment of the new CJ has been
delayed which will hamper judiciary’s performance.
Rai
Biren Bangdel
Maharajgunj
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