Chief Justice (CJ) Cholendra Shumsher Rana is again under fire for dallying to start assigning cases to justices through draw hot on the heels of the controversy of him seeking a share in the federal government.
CJ currently assigns cases in the Supreme Court (SC), chief judge in the high court and the senior most judge in the district court.
A committee formed by CJ Rana to study malpractices in the judiciary after controversy over his verdict to reduce the jail term of former APF DIG Ranjan Koirala, who was serving a life term for murdering his wife, had recommended to start picking bench through draw hinting at the malpractices in the system of picking justices for cases and influence of brokers in the judiciary.
CJ Rana made the recommendations, made by the committee led by SC Justice Hari Krishna Karki and including representatives from the Nepal Bar Association (NBA), public and pledged to implement the system soon. But he now seems to be reluctant to implement the system.
Addressing a training program of the chief judges of high courts and judges who act as the chief judge in different benches of the high courts before the Dashain festival, CJ Rana blasted the system of assigning cases through draw.
Three judges who attended the program have confided with Setopati that CJ Rana accused the committee of creating a problem by recommending the draw system and stressed that he will not implement the system.
"There have been continuous efforts to bring malpractices through influence of brokers in picking benches and delivery of justice," Chairman of NBA Chandeshwore Shrestha told Setopati. "We submitted the report to stop that but there are efforts to dally and avoid that."
An SC justice also expressed doubts about sincerity of CJ Rana to implement the system. "It would not have taken so long if he were positive to implement the system because there is intense pressure from within the SC and outside to reform the system for assigning cases. He seems to have the strategy of saying ok and then avoiding it," the justice added.
The SC administration, however, claims that the system will be implemented. SC Spokesperson Baburam Dahal said that the full court will discuss the issue and the system of draw will be implemented by amending regulations and working procedure. "The regulations and working procedure will have to be amended to adopt the other system. That has yet to be discussed. It has, therefore, taken time," Dahal explained the delay.
But NBA Chairman Shrestha claimed that it will not take much time if CJ Rana were to wish so pointing that the report has explained in details the procedure to start the system of draw and automation.
