It should be mentioned here that on this year's Law Day, every hall of justice is deserted. Between the Corona terror and the series of death, the world is in terror again. There is a lot of causalities in India and all the hospitals and beds in Nepal are also already full. In the midst of Corona's terror, this year's Law Day is also advocating for justice for all.
All justice-loving Nepalis are welcome on Law Day. Nepal has been celebrating Baishakh 26 as Law Day, the day when Nepal issued the Judicial Act in 2009 BS.The need for the judiciary to play its role with a greater sense of responsibility to uphold constitutional supremacy and the rule of law in Nepal, and to protect the rights and freedoms of citizens, is being emphasized today.
Of course, Nepal's constitutional judicial independence has been questioned from time to time. There is a history that the same person has been the head of the executive and the judiciary even during the practice of democracy. Contrary to the spirit of an independent judiciary, the question of judicial independence was raised when the then Chief Justice Khil Raj Regmi was given the responsibility of the Chief Executive.
While Khil Raj Regmi was the Chief Justice of the Supreme Court, he was appointed as the Chairman of the Interim Electoral Council of Ministers on March 12, 2008, as the Prime Minister. Regmi's appointment had created another confusion in the concept of an independent judiciary along with the politics that became confused when the Constituent Assembly elected in 2064 BS could not draft a new constitution. Contrary to the principle of separation of powers, the Nepal Bar Association had protested against the same person becoming the head of two major organs.
In any case, with the emergence of an independent judiciary in Sovereign Nepal, we would like to summarize the history of Nepali judicial history by describing more beyond the summary of these allegations, incidents, and decisions made above the court. The history of Nepali justice has come here through the Malla Kalin justice system, the proverb of going to Gorkha if justice is not given in the time of Ram Shah. As the pages of history unfolded, the executive, the judiciary and the legislature remained in the hands of the Rana rulers until 2007 BS, National Law Day is the day that Nepal got an independent judiciary by establishing the Central Court for the first time in the year 2007 BS after the success of the revolution of Falgun 7. Gradually, in 2009 BS, the First and Historic Court Act 2008 was issued as Nyayalaya Ain. This was the act that provided that the decisions of the Supreme Court would be irrefutable and final. This was the starting point of Nepal's independent judiciary to this day.
This day is also considered as the day when the foundation of democracy and human rights was laid in Nepal. It is believed that justice day will ensure the access of the general public to justice and increase respect for the judiciary.This year's Law Day must address the tears in the eyes of family members who went missing during the conflict to the pangs of service recipients who have been dragging documents of cases stuck in local courts for decades. The practice of interpreting injustice as a country cursed by sati and taking injustice as normal in Nepal should be gradually reduced by the law day of this year.
May the effectiveness of justice be maintained in the holy land of Pashupatinath, may the rule of law prevail and the law prevail. On this day, the courts of all the three levels leave for the District, Punarabedan, and Supreme Court. Today, a special program is organized in the afternoon at the Supreme Court premises and various programs are organized in the institutions related to the courts across the country.
An unpleasant mixture of politics and the judiciary is what today's Nepali court needs to get rid of. Let the white sentiments within the black coat be transparent, let the long and equal hands of the law be on everyone's head, let the law not be bought and sold.
Meaningful wishes
Suyog Dhakal
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