Every state organs must function well

A recent audio clip referencing a Constitutional Bench of the Supreme Court and implicating the chairpersons of Annapurna Media Network and Kantipur Media Group has caused significant controversy in Nepal, drawing widespread attention and debate.

In response to these events, the Supreme Court has summoned Yuvaraj Kandel, the publisher of sidhakura.com, along with Navin Dhungana, the executive editor of the website, to face contempt of court charges. The court move is based on allegations that the website released fake audiovisual reports and defamed a sitting Supreme Court justice, senior legal professionals and media personalities.

The reports claimed that Justice Ananda Mohan Bhattarai, Chairperson of Annapurna Media Network Capt Rameshwar Thapa and Chairperson of Kantipur Media Group Kailash Sirohiya, along with other notable figures such as Surendra Kafle, a special correspondent for the Annapurna Post, and senior advocates Hari Upreti and Kishor Bista, held a secretive meeting so as to ‘dismiss over 400 corruption cases’.

Given the severity of the charges and their potential impact on public trust in the judiciary, the apex court has directed Nepal Police to conduct a thorough investigation into the matter. The court’s actions underscore the importance of addressing false information that could harm public institutions and individuals’ reputations. It also sends a clear message about the serious consequences of disseminating fake news that can damage the credibility of the judiciary. Not investigating such cases rigorously is akin to encouraging the spread of misinformation, further eroding trust in public institutions and the fourth estate.

To prevent incidents like this from recurring, it’s crucial for all three organs of the state—the executive, legislative and the judiciary—and the media to operate effectively and independently. When each state organ performs its functions with integrity and without interference, the overall system becomes more robust and resistant to misinformation and corruption.

In a well-functioning system, the executive ensures that laws are implemented fairly and transparently, the legislative enacts clear and just legislation, and the judiciary interprets these laws impartially, upholding justice and the rule of law. This balance among the branches provides a framework in which truth and justice can prevail, reducing the risk of false reports or conspiracy theories gaining traction.

If the leadership in these branches upholds high standards of conduct and accountability, it creates an environment where trust can flourish. This trust, in turn, minimizes the chances of misleading information and corruption, causing chaos or undermining the credibility of key institutions.

When controversies or misconduct emerge involving members of any state organ, it is crucial for the leadership to take swift and decisive action. This demonstrates accountability and reinforces the principles of integrity and public trust. For instance, in the past, when Bishwonath Upadhyaya served as Chief Justice, there was a controversy involving Justice Hari Govinda Singh Pradhan. Once it was proven that Justice Pradhan had engaged in misconduct, Chief Justice Upadhyaya responded by not assigning him any court cases, effectively relieving him of his judicial duties. This decisive action underscored the seriousness with which the judiciary addresses ethical breaches. The court should not also make aggressive decisions without studying the case.

Similar principles should apply across all organs of the state. If an individual in the executive, legislative, or judiciary is proven guilty of misconduct or corruption, the leadership must take appropriate measures to ensure accountability. This could involve removing the individual from their duties, initiating disciplinary proceedings, or taking legal action as required by the severity of the misconduct.

By doing so, the leadership sets a standard of ethical behavior and sends a clear message that no one is above the law. It also helps restore public confidence in the system, assuring citizens that those in power are held to the same standards as everyone else. This approach fosters a culture of responsibility and deters others from engaging in unethical practices.

In my earlier op-ed, I argued that Nepal should aim to be a society where truth is revered and upheld in all facets of life. Worryingly, it’s not uncommon for authorities to operate with near-total impunity, often infringing on both political and economic rights and weakening the principle of justice, something which should be at the heart of governance.

To tackle this, we need a legal framework that fosters honesty and respect across the board. This involves not just introducing new laws but also rigorously enforcing existing ones to ensure they serve the purpose of promoting truth and justice. When individuals spread false information or incite hatred, there should be tangible consequences, regardless of their rank or status. This standard should be applied equally to all, whether they are ordinary citizens, influential politicians, high-ranking bureaucrats, or even members of the judiciary.

No one should be above the law. Anyone found guilty of disseminating falsehood or engaging in hate speech must be held accountable and subjected to appropriate penalties. This kind of enforcement is essential for maintaining social harmony and ensuring that no one can manipulate public sentiment without facing repercussions.

Summing up, efforts to bring about meaningful reforms and reduce controversies within state and constitutional organs must begin with politicians because they wield significant influence across all levels of government and their actions can either promote integrity or foster corruption. 

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades. Views are personal