Nepali judiciary: Fighting inefficiency and graft

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 This issue is exacerbated by a shortage of judges, poor infrastructure, and out-of-date legal procedures.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.

The overlapping realms of sports and politics

Traditionally an ordinary form of entertainment, sports has become an intricate system entangled with politics, society, globalization, and technology. They serve as a symbol of our society's excellence and promote both domestic as well as international integration. Sports have been used by rulers throughout history for a variety of objectives, such as improving physical health, recreational activities, and strategic goals. 

Athletes competing in sporting competitions must adhere to a set of regulations regardless of the country of origin, culture, race, social status, or political beliefs. Sports and nationalism frequently go hand in hand, acting as venues for international competitions. Hitler’s promotion of Aryan Nationalism during the 1936 Berlin Olympics serves as an example of how the Olympics, the largest international sports festival, have been utilized strategically. The Olympics have also been impacted by boycotts and political unrest, such as the US boycott of the 1980 Moscow Olympics and the Soviet Union's subsequent boycott of the 1984 Los Angeles Olympics. 

South Africa was excluded from the 1964 Tokyo Olympics due to apartheid, and a global treaty against apartheid in sports was eventually ratified. As seen by the 1970 ‘Soccer War'’ between Honduras and El Salvador during World Cup qualification matches, sports have sometimes exacerbated hostilities. The 1972 Olympic men's basketball championship game between the USSR and the USA sparked protests and controversies due to the referee's decision, and the US players all decided to refuse their silver medals. Additionally, some sports people use their position in the sport to gain political influence and power. On 18 Aug 2018, cricketer-turned-politician Imran Khan was sworn in as the 22nd Prime Minister of the Islamic Republic of Pakistan. Idi Amin, the 1971–1979 president of Uganda, was the light heavyweight boxing champion of that nation. Football legend Pele was Brazil’s first Minister for Sports, holding the position from 1995 until 1998.

The collision

It is essential to comprehend the concepts ‘politics’ and ‘sports’ separately before examining their intricate relationship. Politics entails formalized processes to settle disputes and advance shared objectives through the pursuit of power. Sports are physical pursuits that emphasize fitness, wellbeing, camaraderie, and competitiveness. 

The Olympics and the FIFA World Cup are significant athletic events that provide a stage for diplomatic goals. Sports have mirrored and been inspired by political and social movements throughout history, including those for women’s rights, racial rights, and environmental activism. General Pervez Musharraf traveled to India for a cricket match in 2005. The relationship between politics and sports is demonstrated by incidents like Mesut Ozil’s withdrawal from football in 2018 due to racism, football players’ protests against racism and police violence following the grisly death of George Floyd in 2020, and a ban on political slogans on player equipment. 

Politics and athletics are best merged when athletes take political positions. China withdrew from the 1960 Summer Olympics in 1958 because it opposed US desires, forcing Taiwan to compete under a new name

Athletes have used their platforms to express opinions on politics, and politicians and other influential people have exploited sports for political ends. Notably, Muhammad Ali’s unwillingness to serve in the Vietnam War for the US Army led to a boxing ban. A cricket pitch was dug up in New Delhi by Hindu Militants in 1999 to oppose a Pakistani team's visit, and historical incidents like the Munich Olympics terrorist attack in 1972, in which 11 members of the Israeli Olympic Team were kidnapped and killed by Palestinian terrorist group Black September, indicate the possibility for rivalry and political tensions.

Sports and politics regularly converge, sometimes bringing governments together and other times igniting retaliation. Politics and athletics are best merged when athletes take political positions. China withdrew from the 1960 Summer Olympics in 1958 because it opposed US desires, forcing Taiwan to compete under a new name. Taiwanese athletes marched in protest while carrying a placard that said, ‘UNDER PROTEST’. Politicians often make use of sports to bring people together, as shown at the 1995 Rugby World Cup presentation by President Mandela to the captain of South Africa. Athletes have also been punished for their political remarks. Tommie Smith and John Carlos were fined for raising their fists during the US national anthem before the 1968 Olympics. 

Athletes may also affiliate with political parties, as seen by Andry Shevchenko of Ukraine joining Ukraine-Forward following his retirement from football in 2012 and Gautam Gambhir of India joining the BJP in 2019. Politicians often serve as the head of sports organizations, as evidenced by Union Home Minister Amit Shah’s tenure as president of the Gujarat Cricket Association (GCA) before his resignation in June 2019. The question of whether athletes should get involved in politics comes up. Through a careful examination of these occurrences, it becomes clear how sports and politics are intertwined. 

Drawing a line

It is frequently said that politics should not be tolerated in sports. Since political culture, beliefs, activists, leaders, and organizations are all engaged directly or indirectly, it is not feasible to completely separate politics from sports. Athletes will keep speaking out against injustice, racism, and prejudice in society. Recent decades have seen sports competitions turn into battlegrounds, as exemplified by the Dinamo Zagreb-Red Star Belgrade Riot of May 1990, where an infamous football riot broke out between the fans of Dinamo Zagreb and Red Star Belgrade, and the attack on the Sri Lankan cricket team in Lahore in March 2009. 

Sports are adversely affected and perform poorly when politics gets involved. Major sporting events have been affected by political conflicts, such as the cancellation of the Olympic Games during World Wars I and II and the postponement of the SAF Games in 2001 and 2002 due to 9/11 attacks and tensions between India and Pakistan over Kashmir. The commercialisation of sports has benefits as well as drawbacks, including the generation of revenue, improvement in the players’ standards of living, and scandals and instances of match-fixing. FIFA's revenue peaked in the FIFA World Cup 2022, held in Qatar, at $6,314m, making it the most profitable tournament in the association’s history. 

On 20 Jan 2021, three Indonesian players were permanently barred from all badminton-related activities by the Badminton World Federation (BWF), following their conviction for crimes involving match-fixing, match manipulation, and betting. Politics and sports exist together, and it is unrealistic to separate them based on all the facts and events specified above. However, we may reduce political influence by implementing certain excellent sports governance practices. Conditions that forbid those with political backgrounds from obtaining roles in sporting organizations ought to be upheld. A competent athlete should oversee sports administration and fix systemic inadequacies. A skilled athlete should oversee sports administration and solve systemic gaps. 

Sports events and fields rely substantially on technology, such as the instant replay system used to broadcast games and assist referees in making decisions. During the selection process, new devices may be utilized to monitor athletes' performance across a range of sports and assist in developing coaching tactics and training programs. Restricting corruption, criminality, and cheating in sports is a must to spruce up sports and transform the sports sector into an exemplary system.

In a nutshell, sports are used as diplomatic instruments to advance nationalism, create international ties, and achieve political clout. Sports are used by both totalitarian and democratic regimes to accomplish their own agendas. It enables us to develop ethical values and emphasize the worth of social behavior. Globalization and commercialization may both be facilitated through sports. The combination of politics and sports is evident in numerous cases, highlighting the inseparability of the two.

The resilient Nepali judicial gnome: Upholding justice and democracy

The legal system in Nepal, a country known for its rich cultural diversity and magnificent natural beauty, is firmly based on the ideals of justice and fairness. The Nepali judicial gnome is a distinctive figure that sticks out among the Himalayan peaks as a representation of judicial integrity and fortitude. This gnome, which stands in for the judiciary, is essential to maintaining the rule of law and making sure that everyone in Nepal receives justice. We shall examine the importance and characteristics of the Nepali judicial institution in this article, offering light on its part in preserving the nation’s democracy. The Nepali judicial gnome is a potent symbol of the independence of the judiciary in Nepal. It stands for the judiciary's capacity to render fair judgments without outside interference. The judiciary must be independent in order to serve as a check on the other arms of government and maintain the rule of law through a system of checks and balances. Fairness and impartiality The judicial gnome’s dedication to fairness and impartiality is its most noteworthy quality. It serves as a continual reminder that justice must be impartial and administered without bias or prejudice. The gnome stands for the notion that everyone is treated equally under the law, regardless of their social standing, financial means, or political clout. Guardian of the Constitution The judicial gnome is seen as the protector of the Constitution in Nepal. It guarantees that all laws are in accordance with the highest law of the state and maintains the fundamental rights and liberties guaranteed by the constitution. The gnome upholds the democratic values and principles upon which Nepal’s government is based by accurately interpreting and implementing constitutional legislation. Human rights defender Nepal has made considerable progress in defending human rights, and the judicial gnome is essential to this effort. It protects and upholds each person's rights and freedoms in its capacity as a guardian of human rights. The gnome serves as a visual reminder of the value of justice, equality, and human dignity for all people. Promoter of access to justice The Nepali legal gnome serves as a representation of universal access to justice. It emphasizes the value of having a strong and open justice system that is accessible to everyone, regardless of socioeconomic status. The gnome supports the supply of legal assistance, the removal of procedural hurdles, and the development of other dispute resolution procedures by living up to this concept. Maintaining judicial integrity The Nepali judicial gnome reflects the crucial quality of integrity, which is a cornerstone of the judiciary. It serves as a reminder of the ethical obligations and responsibilities of judges, attorneys, and court workers. The gnome acts as a continual reminder that, in order to build public faith in the legal system, justice must not only be done, but also be seen to be done. The Nepali judicial gnome stands as a resilient symbol of justice, upholding the rule of law, and safeguarding the democratic values of Nepal. Its presence serves as a constant reminder that the judiciary is an independent and impartial branch of the government, ensuring justice for all citizens and upholding the principles of fairness, equality, and human rights. In a country with a rich cultural heritage, the judicial gnome has become an integral part of Nepal’s legal landscape, representing the resilience and unwavering commitment of the judiciary to protecting the rights and freedoms of its people. The author is a practicing lawyer  

Lalita Niwas land grab scam: Let there be no political pressure

The Central Investigation Bureau (CIB) of Nepal Police has reopened the file of Lalita Niwas land grab scam. This has renewed hopes that those responsible for the crime will be brought to justice and the government property will be rightfully restored. The incident involves individuals in the position of power and influence transferring the ownership of government land through deceitful means. As the coordinator of the committee formed to study the Lalita Niwas land grab case, I had the opportunity to delve into the details of the incident. As the investigation progressed, it became apparent that the government land had been systematically divided and distributed among individuals as if it were a gift. Certain portions of the land were sold off, while others were registered under the names of individuals who were involved in orchestrating this fraudulent scheme. It is disheartening to witness such a flagrant act committed by individuals who have lost all moral consciousness in their insatiable greed for money. The CIB has diligently carried out an extensive investigation into the case. The findings reveal that out of the total 299 ropanis of land, 14 ropanis and 11 anas of land still remain under the name of the previous owner, Subarna Shamsher. The Nepal government had lawfully acquired 284 ropanis of land from him and compensated him accordingly. All government employees, intermediaries, and any other individuals involved in the unlawful transfer of this land into private ownership must face the consequences of their actions and be held accountable before the court of law. The CIB has unearthed significant evidence in the Lalita Niwas land grab case, indicating that there may be involvement of individuals associated with political parties and their leaders. This has no doubt raised concerns about potential pressure on the police and the court to influence the investigation. Some even suspect that the case could shake the government.But it is crucial for the government to demonstrate unwavering commitment in solving the case and punish the guilty individuals. Immunity should not be granted to those who commit crimes based on their political affiliations. The investigation must proceed impartially and reach a conclusive outcome. Anyone found guilty of illegal acts must face appropriate punishment. I believe the resumption of the investigation, which was previously halted due to political pressure, will be concluded this time. For this, it is essential for the police to be allowed to carry out their work without interference. Similarly, the government attorney's office should operate independently, free from any external pressure or temptation. The investigation reports of both the Commission for the Investigation of Abuse of Authority (CIAA) and the CIB should be thoroughly examined, discussed, and debated in court. It is evident that the individuals involved in this case knowingly embezzled government land by orchestrating a well-planned scheme to register it under the name of a private individual in exchange for money. Such shameless acts should be condemned, and those involved should never be granted immunity. We kept the matter confidential during the investigation as it provided a conducive environment without undue pressure. Police need to be supported in their efforts to bring this matter to a conclusive resolution. Placing trust in the court system is also essential. Similar to the fake refugee case, this matter must be thoroughly examined in court. Following the court order to send individuals arrested by CIB on a seven-day remand, the case has now entered the court.  Some positive results can be expected. The author is former secretary who was also the coordinator of a government team that studied the Lalita Niwas land grab scam