Clean criticism and constructive commentary of the judiciary should be accepted: Chief Justice
Kathmandu. Chief Justice of the Supreme Court, Manoj Kumar Sharma, has said that although clean criticism and constructive comments of the judiciary should be accepted, criticism based on subjectivity for vested interests will hurt the dignity of the judiciary and public trust.
Speaking at the 25th Annual General Meeting and Handover of Responsibilities of the High Court Bar Association Patan on Saturday, Chief Justice Sharma said that clean criticism and constructive comments on the functioning of the court are natural. However, he said that the concerned stakeholders should be aware while criticizing the judiciary. He said, “It is the basic right of the people to get justice. The state has made arrangements for the necessary infrastructure, appropriate legal system, competent manpower to provide justice to the people.” Chief Justice Sharma said that an independent judiciary, rule of law and separation, checks and balances are the corners of individual freedom. He said that in the absence of such basic values, a civilized society cannot be built, the judiciary has an important responsibility to protect the citizens. “Independent judiciary, rule of law, separation of powers, checks and balances are the cornerstones of individual freedom, without which a civilized society cannot be built,” he said.
The responsibility of protecting the citizens in the modern state system by assimilating these realities rests on the shoulders of the judiciary. He said that the responsibility entrusted to the judiciary by the constitution cannot be fulfilled only by the efforts of the judges and the court staff.
Stating that joint efforts of lawyers were also necessary, he said the judiciary would be able to fulfill its constitutional responsibility only with the contribution of competent and dedicated lawyers. “I believe that the responsibility given to the judiciary by the constitution can be fulfilled only through the joint efforts of the judges, court employees as well as the legal practitioners,” he said.
The judiciary is able to fulfill its constitutional responsibilities only with the contribution of skilled and dedicated lawyers. The judiciary is the own institution of lawyers. Chief Justice Sharma also stressed that if there is a problem due to different understanding between the Bar and the Bench, it should be resolved through dialogue. He said that it is the common responsibility of all to ensure the right of the common people to access justice.
On the occasion, Chief Justice Sharma said the judicial leadership was committed to make the judiciary transparent, efficient and effective. He said that the process of uploading the orders of the case on the same day after he assumed the office of the Chief Justice with the objective of making the court service-seeker-friendly has been started. He also said that the necessary rules are being formulated to make provision that an order made by one court can be certified by another court. He said that the regulations have already been sent to the Ministry of Law for amendment and the law will come into effect after it is published.
Chief Justice Sharma also said that the Supreme Court is working by giving priority to the writing of verdicts. He said that the current year has been taken as the year of judgment writing and there is a plan to conclude the verdict writing of old cases by mid-January.
He said that the practice of submitting evidence and documents related to the case in chunk and demanding orders from time to time has also affected the management of the hearing. Stating that such a practice would create adversity in the speedy delivery of justice, he said there should be no delay in presenting the facts and evidence available to the court once the case enters the judicial process.
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