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The judiciary is tasked with defending the rule of law and guaranteeing justice for all, making it a crucial cornerstone of any democracy. The Nepali court, however, has long faced difficulties that limit its efficiency and undermine public confidence. In this essay, the situation of the Nepali court is examined, with a particular emphasis on the problems of incompetence and corruption plaguing it.

The Nepali court has struggled with inefficiency, which has resulted in a backlog of cases and delayed justice. This issue is exacerbated by a shortage of judges, poor infrastructure, and out-of-date legal procedures. A tremendous burden for the current judges has been caused by the relative lack of judges in comparison to the population, which has caused significant delays in the settlement of cases. In addition to undermining public trust in the legal system, this violates their fundamental right to prompt justice.

The basic underpinnings of the legal system are being undermined by corruption, which is a disease. In Nepal, corruption has crept up into the ranks of the court, undermining public confidence and skewing the administration of justice. The integrity of the court has been seriously undermined by the prevalence of bribery, nepotism, and political interference in judicial nominations and case results. Honest persons are deterred from pursuing legal recourse when they believe that the judicial system is corrupt, which feeds the injustice cycle.

The judiciary's independence and impartiality are further weakened by political meddling. Judges are now frequently appointed on the basis of political affinities rather than merit, which damages the judiciary's authority. Political demands and interference in high-profile cases frequently result in biased decisions, undermining the judiciary's position as the last arbiter of justice.

A lack of accountability mechanisms within the judiciary allows misconduct and malpractices to go unchecked. The absence of effective mechanisms to investigate and prosecute corrupt judges enables impunity and perpetuates a culture of wrongdoings. The absence of transparent systems for evaluating judicial performance and disciplinary action further exacerbates the problem.

The Nepali court needs urgent changes if it is to escape the shackles of inefficiency and corruption. First and foremost, more judges are required in order to lighten the load on the current ones and speed up case resolution. Efficiency can also be increased by updating the infrastructure, using technology, and simplifying the legal process. Mechanisms for accountability and transparency must be improved in order to guarantee that judges are held accountable for their acts. In addition, rigorous safeguards must be put in place to deter political meddling and guarantee the independence of the court.

The Nepali judiciary is in a precarious position and has a bad image due to corruption and incompetence. Restoring public confidence, upholding the rule of law, and delivering prompt justice to citizens all depend on overcoming these obstacles. Nepal can free itself from the shackles that constrain its judiciary and pave the path for a more just and equitable society by effecting comprehensive reforms, improving openness, and fostering accountability.

Cooperatives are not in the pink of financial health, again. A high-interest, low-risk business model floated to prospective depositors to draw their hard-earned savings has holes in it as it became clear during the first wave of the cooperatives crisis prominently featuring the Oriental Cooperatives et al.

It will be contextual here to mention Oriental for a number of reasons. First, it was the ‘unsinkable’ Titanic that capsized in the roiling waters of largely unregulated financing in 2013 amidst a housing crisis with deposits worth billions of rupees, belonging, by and large, to members of the general public. Secondly, per rumors mills spinning at that time, that firm had some very powerful leaders of equally powerful parties behind it. The claims that they had their not-so-well-gotten money stashed in that firm’s vaults may not be entirely untrue as none of the accused has bothered to come clean on a serious allegation like this.

Also, as it became evident that the firm was on the verge of collapse, one formidably powerful politician managed to withdraw his fortunes real quick, while thousands of other depositors had no such access. At that time, several other cooperatives went the Oriental way, with hard-earned money belonging to thousands of individuals. This crisis has caused untold miseries to the depositors and their heartbreaking sagas are yet to be written.  

The collapse of the cooperatives one after the other points at a serious systemic ill: The lack of a government regulator and the culture of impunity.  

Shockingly, a section of the ‘authorities concerned’ washes its hands of these firms. It believes that these firms lie in a gray zone. Their line of argument is that neither the firms fall under the direct jurisdiction of the Central Bank nor that of the Department of Cooperatives.

With friends in high places, it is but natural for them to have scant regard for commoners’ hard-earned savings. This hands-off attitude is also to blame for the cooperative crisis. 

What’s more, there’s a tendency to take the firms as a laundromat of sorts, used to turn black money into white. If such is the case, why can’t the government conduct a probe, prosecute the guilty and cleanse the whole damn system? Is it easier said than done or will it boomerang?  

Driven perhaps by this mindset, the government has done precious little (or has it?) to rein in these firms even after the sinking of the ‘Titanic’ and other vessels in the choppy waters of unregulated financing with billions of rupees belonging to not-so-powerful depositors. 

Even after robbing the depositors of their small fortune, those involved in the multibillion rupee scam are going scot-free, making a mockery of the government. The onus is on the government to end this culture of impunity for this serious white-collar crime and see to it that the depositors get their life’s savings back.

On June 12, the United Nations Educational, Scientific and Cultural Organization (UNESCO) announced that the United States, one of the five permanent members of the United Nations, will rejoin the agency in July, four years after its exit from the agency.

There’s no dearth of news reports featuring the United States, the global economic powerhouse and the sole superpower, on any given day. From the Russia-Ukraine war to strained relations with China and increasing bonhomie with India, the United States seems to be present everywhere around the globe. This is because the present world order is primarily US-led.

While the US is not a member of regional blocs like the South Asian Association of Regional Cooperation (SAARC), Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), Association of Southeast Asian Nations (ASEAN), or the European Union (EU), it wields significant influence in these groupings. As one of the five permanent members of the UN, the US has a vital role in effective functioning of the world body. Its re-entry into UNESCO should be read in this context.

Despite the absence of direct physical connectivity, the US is like a neighbor for countries like Nepal. This feeling perhaps arises due to America’s contribution to Nepal’s development in areas such as education, healthcare and infrastructure. The influence of several powerful nations remains limited to their respective regions. They have yet to extend their reach globally. 

Such is not the case with the United States. 

The 2024 US presidential election has also captured the attention, particularly of the democratic world. While American citizens will be electing their president, their mandate will impact the whole world and Nepal will not remain immune from this. As the United States advocates for the law, democracy and human rights, many nations take it as an exemplary nation.

It is for this very reason that the United States draws global attention. With the presidential election not that far away, global attention toward America has only increased.  

Eyeing the most powerful position in the world, the Republican Party is already in the fray. Around a dozen politicians from the party have launched their campaigns seeking nomination. Among the candidates is the former President Donald Trump, who has faced multiple sexual abuse, fraud, and defamation cases.

The Democratic Party is not lagging behind, either. Currently, it has three leading contenders for the presidential nomination, including the incumbent Joe Biden. Speculation has also arisen regarding Biden’s age, health, and his effectiveness as President.

For a large number of people around the world, especially those concerned about democracy, human rights and the rule of law, the US presidential election is a kind of festival. As a practicing lawyer and a student of human rights and democracy, I will be watching the election with immense interest.

A member of the Supreme Court Bar, the author has been practicing corporate law for three decades

Actor Saruk Tamrakar, who passed away on July 6, was a man with many feathers in his hat. Before he entered the world of Nepali cinema, he had already made his name as a model, photographer and filmmaker.   

Tamrakar was known for his charismatic personality that he exuded effortlessly both on and off screen. He made his acting debut in 2017 with ‘Raani’ before working on other projects such as ‘Meri Mamu’ and ‘Intu Mintu London Ma’. Tamrakar’s role as a military officer in ‘Intu Mintu London Ma’ was his breakthrough performance, which won him many accolades. He was working on the film ‘Hashtag Maya'’ at the time of his passing. 

Along with movies, Tamrakar was also featured in several music videos like ‘Timro Muskan Ley’, ‘Prasna’, ‘Namari Baachey’, and ‘Batash Jhai’. He also directed  and worked on a variety of short films like ‘Aasha’, ‘Trans15sion’, ‘The Rickshaw Carpool Ride’, ‘Hide’  and more.

Tamrakar’s main passion in his life was photography and filmmaking. Through photography and videography, he enthusiastically imparted his knowledge, experiences and skills to younger generations. In a 2019 interview with ApEx, he had said that he would have been a filmmaker had he not gotten into acting. 

In a short time, Tamrakar made an enduring impression in the entertainment world by appearing in a number of well-known movies, playing various roles that resonated with audiences. He was a true artist and an inspiration to many.  

Off the screen, Tamrakar was a cherished friend, a devoted family member, and a compassionate human being. He had always wanted to leave a legacy by making films that were meaningful and impacted the lives of people. 

After his demise, Miss Nepal Earth 2018 and his friend, Priya Sigdel posted her first interaction with Tamrakar in the Paradygm TV set on Instagram. “This was indeed the best time of my life because I have always admired him so much and I am glad I always shared this with him. Saruk is still with us in his spirits, his positivity, his smiles and his energy that made everyone feel so good,” wrote Sigdel about Tamrakar and his infectious charm. 

Malina Joshi, Tamrakar’s close friend and co-actor from the film ‘Raani’, also paid tribute to her dear friend on Instagram. “He chose a very difficult path towards Moksh. Let us all pray collectively for his departed soul to rest in peace in heaven,” she wrote.

Tamrakar was only 31 at the time of his passing and in his three decades on this earth, he loved—and was loved by—his family, friends, colleagues and admirers. 

Birth: 19 Sept 1992, Kathmandu

Death: 6 July 2023, Kathmandu