In a democratic society, the principles of separation of powers and the rule of law are paramount. These principles ensure that no single branch of government becomes too powerful and that checks and balances are in place to protect the rights and freedoms of citizens. It is deeply concerning, therefore, that Mayor Balendra Shah (Balen) of Kathmandu Metropolitan City (KMC) has openly challenged and disregarded the order of the High Court. The court's order, which paved the way for the screening of Hindi movies including the controversial 'Adipurush,' was met with defiance by Mayor Shah. In a Facebook post, Mayor Shah declared that he would not obey the court's decision, accusing both the court and the government of being subservient to India. Such inflammatory remarks not only undermine the integrity of the judiciary but also reveal Shah's fundamental misunderstanding of the constitutional principles that govern our nation.

Mayor Shah's threat to defy the court's order is a clear violation of several constitutional provisions. According to Article 126 (2) of the Constitution of Nepal (2015), everyone is obliged to comply with court orders and decisions. By openly defying the court's ruling, Mayor Shah is disregarding the very foundation of our legal system. Furthermore, Article 128 (4) emphasizes the importance of adhering to legal principles as interpreted by the Supreme Court. By disobeying the High Court's order, Mayor Shah is not only undermining the authority of the judiciary but also setting a dangerous precedent that threatens the integrity of our legal system as a whole. The constitution also outlines the consequences for obstructing the administration of justice and disobeying court orders. Article 139 (2) empowers the High Court to take action and punish individuals for contempt of court. In this case, Mayor Shah's threat not to comply with the court's order could potentially lead to a contempt case being initiated against him.

It is crucial to recognize that the judiciary plays a vital role in upholding the rule of law and ensuring justice for all. Judges are appointed to interpret and apply the law impartially, independent of political influences. By openly questioning the court's independence and integrity, Mayor Shah is not only disrespecting the judiciary but also undermining the public's trust in the legal system. Some may argue that as an elected official, Mayor Shah has the right to express his views and challenge court decisions. However, it is important to note that being elected does not grant anyone immunity from the law. Democracy does not mean that elected representatives can unilaterally ignore or reject the decisions of other branches of government. Rather, it requires adherence to the principles and processes enshrined in the constitution.

Mayor Shah's actions are contemptible and contrary to the essence of the constitution. The judiciary has the authority to address such contemptuous behavior and uphold the sanctity of the court's orders. While hardly any public official has been prosecuted for contempt of court in Nepal thus far, it does not mean that such actions will go unpunished in the future. Shah's open challenge to defy the court's order is not only unconstitutional but also detrimental to the principles that underpin our democracy. The separation of powers and the rule of law are the cornerstones of any functioning democratic society, and no individual, regardless of their position, should be allowed to undermine them. Therefore, it is imperative that the judiciary takes appropriate action to address his contemptuous behavior and reaffirm the authority of the court. Only by upholding the principles of our constitution can we ensure a just and democratic society for all.

 
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