Sunday 16 July 2017

Justice cannot be prevailed in a setting and shopping injustice jurisdiction system of Nepal

"Injustice anywhere is a threat to justice everywhere."
- Martin Luther King, Jr.
In Nepali we have saying "Hamro Desh Ko Kanunn Daiba Le Janunn" in literally translation it means only god knows Nepal's law which means no one knows how justice prevail in Nepal only those knows who have access to political and economical power that can influence jurisdiction system of Nepal and its custodians. That's for sure justice cannot be prevailed in a setting and shopping injustice jurisdiction system of Nepal. I wonder HOW anyone can get justice from jurisdiction system of Nepal when there is a setting and shopping games based on political parties' ideological affiliation among honourable judges and bribery practice including purchasing power of an individuals who are seeking justice can shop those judges that had been explained clearly by the Ex-Chief Justice Sushila Karki in her interview that she gave with Mr. Dil Bhushan Pathak in Tough Talk program of Kantipur Television on 7 June, 2017 [1].
According to her only 7% of Nepalese who has access to political party and monetary /financial gain power are getting justice from the Nepal courts based on their ability of political and financial power that they hold [1}. Rest of Nepalese are deprived of justice.
Out of 16 honourable judges at the supreme court right now [2] I heard that 11 of them are affiliated with the Communist Party of Nepal Unified Marxist Leninist and 4 of them are affiliated with political parties.
It is a duty of the responsible citizens of Nepal of those 16 Honourable Supreme Court Judges we have to name to shame and fame who are affiliated to which political parties because based on their affiliation with political parties we can came to know from Ex-Chief of Justice, honourable Sushila Karki they set the bench at the court to provide justice in the court. However, honourable Sushila Karki was initially affiliated with Nepali Congress but lately she was supportive towards Communist Party of Nepal Unified Marxist Leninist during her retirement age and time as I came to know from different people and media. Here are the name list of current 16 honourable supreme court judges:
1. Hon'ble Mr. Deepak Raj Joshee
2. Hon'ble Mr. Om Prakash Mishra
3. Hon'ble Mr. Cholendra Shumser Janga Bahadur Rana
4. Hon'ble Justice Mr. Deepak Kumar Karki
5. Hon'ble Justice Mr. Kedar Prasad Chalise
6. Hon'ble Justice Mr. Sharada Prasad Ghimire
7. Hon'ble Justice Mrs. Mira Khadka
8. Hon'ble Justice Mr. Hari Krishna Karki
9. Hon'ble Justice Mr.Bishowambhar Pd Shrestha
10. Hon'ble Justice Mr. Ishwar Prasad Khatiwada
11. Hon'ble Justice Dr. Ananda Mohan Bhattarai
12. Hon'ble Justice Mr. Anil Kumar Sinha
13. Hon'ble Justice Mr. Prakash Man Singh Raut
14. Hon'ble Justice Mrs. Sapana Pradhan Malla
15. Hon'ble Justice Mr. Tej Bahadur K C
16. Hon'ble Justice Mr. Purshotam Bhandari
All Nepalese are aware and informed that honourable Justice Mrs. Sapana Pradhan Malla was a member of the Constituent Assembly from the Communist Party of Nepal Unified Marxist Leninist.
In addition, in Nepalese society where colour, class and caste related prejudice and discriminatory practices are very much prevailing because of historical entrenched societal mindset guided from the Nepal's first civil law, Manav Naya Shastra in 14th century by King Jayasthiti Malla and the second law, Muluki Ain in 19th century by Prime Minister Janga Bahadur Rana formulated and endorsed based on the ancient Indian law, known as "Law of Manu" also called Manusmriti which is still following in providing justice in the courts of Nepal with some amendments that were made based on the international human rights declaration signed by the government of Nepal. Despite promulgation of the Nepal's new Constitution in 2015 it has yet to formulate new rules and regulations for the jurisdiction system of Nepal to provide justice to Nepalese citizens whoever seek fair justice from the courts. Although since historical period Nepal is multilingual, multicultural, multi-ethnic, multi-religious/multi-faith and very diverse society however, feudal rulers of Nepal had imposed one language, one culture, one caste, one faith/religion, and one dress strategically, systematically and structurally from top to bottom as per the Hindu dogmatic belief and life style based on the Law of Manu that has wiped out indigenous identity. Therefore, indigenous tribal communities including Madhesi population from tarai belt are very much aggressive and antagonist towards ruling colour (white), class (upper/high, supreme) and caste (Brahman). However, all of the white higher/upper people so-called Brahmans are not bad and inhumane in their thinking and acting processes but because of some handful of elite corrupt custodian of Brahmanical traditional culture, custom, language, faith and dress code who are holding power in all three major branches of government: executive, legislative and judicial of the country and also involving in major societal roles as teachers, advisers and administrators they are blamed and accused for all mishap of the country in making under developed, corrupt and backward.
One of the renowned TV Journalists of Nepal, Mr. Prem Baniya left Nepal nine months back in order to empower self he went to USA because he said there is already setting for 10 years who will become Nepal's Prime Minister, Chief of Justice, Chief of Police Force, Chief of Army including Chief in all three branches of government body: Executive, Legislative and Juridical so there is no point of staying in Nepal as he is in his present status [3].
Whatever the Ex-Chief of Justice, Suhila Koirala said on 7 June 2017 after her retirement that is very much inline with Mr. Baniya's speech that he delivered in Japan with Nepalese after 9 months of leaving Nepal. Therefore, proves how much systematically, strategically and structurally Nepal is corrupt from top to bottom because of dogmatic mythological belief "Seeing the property even God's third eye opens" "Dhan dekhe pachhi Mahadev ko Pani tin Netra" related entrenched practices based on the law of manu.
As per the Transparency International Corruption Perception Index 2016 Nepal is one of the most corrupt countries in the world, ranking 131 out of 176 countries across the globe [4]. However, hardly anyone would like to take action against it because anyone who raise voice against it will be proven criminal by those corrupt executive, legislative and juridical systems custodians of Nepal.
"I'm for truth, no matter who tells it. I'm for justice, no matter who it's for or against."
- Malcolm X, an African-American human rights activist.
"Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe."
- Frederick Douglass, an African-American social reformer, abolitionist, and statesman
References
1. Kantipur Television 2017. Sushila Karki, Chief Judge Sushila Karki in TOUGH talk with Dil Bhusan Pathak, accessed from https://www.youtube.com/watch?v=IfOrkSz1Ruo&feature=share
2. Supreme Court, 2017. Name List of Supreme Court Judges accessed from http://www.supremecourt.gov.np/web/index.php/justices
3. Namaste Nepal, 2017. Speech by Prem Baniya in Japan, accessed from https://www.youtube.com/watch?v=pNZPW1zh9cc
4. Transparency International 2016. Corruption Perception Index 2016, accessed from https://www.transparency.org/news/feature/corruption_perceptions_index_2016.

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