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 taken action by summoning Yuvaraj Kandel, the publisher of sidhakura.com, along with Navin Dhungana, the executive editor of the website, to face accusations of contempt of court. This move is based on allegations that the website released ‘fake’ audiovisual news reports that defamed a sitting Supreme Court Justice, senior legal professionals, and various media figures.

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, were involved in a secretive meeting. The reports suggested that this meeting’s purpose was to dismiss over 400 corruption cases.

Given the severity of the claims and their potential impact on public trust in the judiciary, the apex court has also 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 seriousness of disseminating fake news that can damage the credibility of the judiciary. If such cases are not investigated rigorously, it could encourage the spread of similar misinformation, further eroding trust in public institutions and the media.

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

In a well-functioning system, the executive branch ensures that laws are implemented fairly and transparently, the legislative branch 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 that the leadership takes 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 Har 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.

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. Unfortunately, it’s not uncommon for authorities to operate with near-total impunity, often infringing on both political and economic rights. This reality weakens the principle of justice, a principle that 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 creating 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’re 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 falsehoods 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.

In recent times, many state and constitutional organs in Nepal have faced criticism and controversy, struggling to maintain a positive image or deliver effective governance. However, one notable exception has been the Commission for the Investigation of Abuse of Authority (CIAA) under the leadership of Prem Kumar Rai. His tenure as chief commissioner of the CIAA has been marked by a distinct absence of controversy, and his long career in the bureaucracy had also demonstrated integrity and commitment to the public good.

Rai’s leadership style serves as a model for effective governance. He has managed to steer the CIAA with a clear focus on its core mission—to investigate and prevent the abuse of authority and corruption. This kind of leadership is precisely what other state and constitutional organs need to emulate if they are to regain public confidence and ensure the proper functioning of government.

To bring about meaningful reform and reduce controversies within state and constitutional organs, the effort must begin with politicians, who often play pivotal roles in shaping the direction of governance. Politicians have significant influence across all levels of government, and their actions can either promote integrity or foster corruption. If they are involved in unethical practices, it undermines the entire system and erodes public trust.

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