Editorial

Chief Justice's challenges to deliver justice

Published On: August 22, 2023 08:03 AM NPT By: Republica  | @RepublicaNepal


The Parliamentary Hearings Committee (PHC) unanimously approved the nomination of Bishwambhar Prasad Shrestha as the chief justice (CJ) of the Supreme Court on Monday. This action clears the path for President Ram Chandra Poudel to officially appoint him as the new chief justice. As Justice Shrestha prepares to assume leadership over the judicial system, he faces significant challenges. A pressing issue that must not be overlooked is the backlog of cases that has persistently burdened the courts. Justice delayed is justice denied, and it is crucial that the new CJ places a high priority on efficiently resolving these cases with unwavering dedication. The adage "justice delayed is justice denied" has never been more pertinent. Each delayed case results in prolonged suffering, erodes public trust in the legal system, and obstructs the realization of fundamental rights. This crisis can no longer be ignored. We commend Justice Shrestha for his proposal to establish a family court or bench, which would specifically address cases of domestic violence, coercion against women, and those involving women and children. This initiative not only reveals his recognition of the urgent need for specialized platforms but also underscores his commitment to providing a means for vulnerable individuals to seek justice.

Furthermore, Justice Shrestha's intention to waive court fees in cases related to domestic violence and similar issues demonstrates a progressive approach to making justice accessible to all, regardless of financial limitations. By eliminating financial barriers, the chief justice designate not only ensures that justice remains within reach for marginalized individuals but also sends a resounding message that the judiciary stands as a beacon of hope and equality. The proposal to expedite the appointment of judges to vacant positions is another pivotal step in addressing the backlog crisis. A well-functioning judiciary necessitates an adequate number of judges to efficiently handle the caseload. Justice Shrestha's plan to eliminate cases in district courts and the high courts within the current fiscal year shows his determination not just to manage the backlog, but to eradicate it completely. Justice Shrestha's commitment to continuing the special campaign aimed at reducing pending cases in the Supreme Court further underscores his dedication to expeditious justice delivery. The strategy to increase the overall number of pending cases might initially appear counterintuitive, but it aligns with the broader goal of ensuring cases are promptly resolved, thereby avoiding unnecessary delays stemming from undue accumulation.

Moreover, the evolving nature of crimes and legal complexities necessitates judicial adaptation and innovation. As financial crimes involving digital technology become increasingly prevalent, Justice Shrestha's leadership must incorporate strategies to effectively address these new challenges. With an impressive academic background and a wealth of prestigious positions held within the judiciary, he is well-prepared to navigate this changing landscape. Justice Shrestha's distinguished journey through the legal system—from his role as a district judge to his current position as a justice at the Supreme Court—attests to his profound understanding of the intricate mechanisms of the judiciary. His past contributions and awards underscore his commitment to upholding justice and the rule of law. As he assumes leadership of Nepal's judiciary, he must bear in mind that his appointment embodies the hopes and expectations of countless individuals seeking timely and equitable resolution of their disputes. The public's trust in the judiciary rests on its ability to swiftly deliver unbiased justice. As a newspaper, we urge the new chief justice, Shrestha, to remain unwavering in his dedication to resolving backlog cases and implementing proposed measures. The legacy he leaves behind will not only shape the judicial system for years to come but will also stand as a testament to his unwavering commitment to justice, equality, and the people of Nepal.


Leave A Comment