There are estimated 15,451 pending cases at the Supreme Court (SC) of Nepal. Last year the Supreme Court gave final decisions on only 4360 cases. There are still 12,114 pending cases from last year and 8097 registered this year that makes total of 20,211 pending cases at the SC. So far this year, the SC has been able to give decisions to only 20.95 percent of cases.
10 judges have been appointed at the Supreme Court. The number used to be 23 two years before. To make matters worse, five temporary judges are finishing their terms this month. Now the question remains how the five judges are going to deal with over 15,000 pending cases. It is a herculean task in front of the Supreme Court.
As popular saying goes ‘Justice delayed is justice denied’. But there are many reasons behind this delay of justice. One of the major reasons is required human resources, mostly judges. The interim constitution of Nepal has ensured justice, rule of law and the protection of human rights. However, this has become merely a concept with the lack of judges in Nepalese courts. The interim constitution has been limited to a paper tiger only.
It has been two years of waiting for the family of Chhori Maiya Maharjan. Chhori Maiya disappeared after she went to meet Surakchya Singh alias Nikki at Baneshwor, Kathmandu. With many delays the case finally reached the Kathmandu District Court a year ago. Recently the court again postponed the final hearing for the reason that the judge is absent. The court has now given 23rd March as new hearing date.
The family is scared of losing their mother if the Kathmandu District Court continues to delay justice any further. They have been feeling helpless. The investigating authorities and the court know the fact but no one is stepping forward to find out Chhori Maiya’s whereabouts. It has been a long wait for Chhori Maiya Maharjan’s family who has been waiting for justice for over two years now.
The lack of judges has become emblematic to courts in Nepal. It is also evident that these pending cases will not come to an end until and unless more judges are hired. The role of the judiciary is in question as it has not been able to hire required judges. They have failed in their utmost responsibility.
If the situation persists in Nepal, it is certain that justice seekers will die before receiving justice. What is the meaning of justice if people die seeking it?
The SC has been merely provided as an example. The other courts are also in a sorry state. Nepalese courts suffer from lack of infrastructure and human resources, mostly judges come first. With lack of budget, courts could not even hire staffs required for administrative purposes. Record shows that the government invests less than 1 percent of the annual budget in the judiciary. This also contributes in the slowing of the justice process.
There are a couple of issues that need urgent intervention in order to overcome this impasse. Firstly more judges need to be appointed. Cases relating to women, children, aged and the disabled should be given priority. Most importantly, Nepal needs to establish the ‘Fast Track Court’ system to address urgent nature of cases including rape, disappearance, and torture. Courts should be equipped with better infrastructure, technologies, and the required number of judges. The government should allocate more annual budget to make it happen.
It will speed up the justice process. And people will begin to regain their belief in the justice system. The country celebrated justice in the past with the popular slogan ‘nyaya napaye gorkha janu’, meaning go to Gorkha if you do not get justice. This slogan has faded away over time with the rise of impunity, and rule of law that has been undermined.
With delayed justice, there remains question of value judgment. Therefore, the Asian Human Rights Commission (AHRC) urges the government of Nepal including the newly appointed Prime Minister and Minister of Law to give immediate priority to appoint more judges in order to conclude pending cases. The AHRC further urges the Nepal government to reform its judiciary system in order to speed up the justice process and deliver timely justice.
