Complaints have been made that the judge himself has been criticized on social media and in the media, despite the option of appealing the order if he is not satisfied.
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Supreme Court judges have begun expressing concern over recent attacks targeting the judiciary and judges on social media and some public media outlets.
Chief Justice Prakash Man Singh Raut has also discussed this issue with government ministers and officials of the Bar Association.
A few days ago, Judge Til Prasad Shrestha was linked to a case and criticized on social media with a photo. Shrestha himself took to social media to refute it. He demanded an investigation into the matter he was linked to. 'The matter related to me on Facebook should be considered as information and investigated by the concerned body. I am ready to fully cooperate,' he wrote, 'I am ready to face any punishment if it is found that there has been a mistake.'
A few days ago, senior-most judge Sapana Pradhan Malla also publicly stated that she had been threatened. The special court judge was also criticized for the order to seek bail in the case of Pradeep Adhikari, Director General of the Civil Aviation Authority of Nepal.
The special court, which sent the official arrested on charges of corruption in the construction of a heliport in Nalinchok, Bhaktapur, to remand for trial, had ordered his release on a bail of five hundred thousand rupees in a corruption case involving about eight billion rupees related to the Pokhara Airport. The special court, chaired by Sudarshan Dev Bhatta and member Dilli Ratna Shrestha, had ordered the arrest in the Pokhara International Airport corruption case. The special court, chaired by Hemanta Malla, Dilli Ratna Shrestha and Bidur Koirala, had ordered his remand in the heliport case.
The special court is the first-level court in corruption cases. The judges had drawn the attention of Chief Justice Raut to the fact that the judges were being insulted and that public trust in the court was being affected despite the option of going to the Supreme Court for an appeal if the special court's order was not satisfied.
A judge said that the full court (full meeting) convened by the Supreme Court on Monday also discussed the public criticism of the judiciary and judges. The full court was attended by officials from the Nepal Bar Association and the Supreme Court Bar. ‘The full court meeting was called because most judges have started feeling uncomfortable lately,’ said a judge.
According to Nepal Bar General Secretary Kedar Koirala, the full court discussed public trust in the court and recent comments on judges’ personal matters on social media, and sought suggestions from the bar. ‘The full court discussed how to deal with criticism that specifically names judges on social media,’ he said. ‘We said that we will not support the wrong issues of the court, but we will not support wrong comments either.’
After the full court formally sought opinions, the bar has called a meeting of the advisory committee and officials of the Upatyaka Bar for Wednesday. Before taking a decision, the bar has the practice of taking suggestions from advisors and officials of the Upatyaka Bar. The advisors include former presidents and senior advocates. After receiving suggestions from them, the bar will make its opinion public, said General Secretary Koirala.
The former judges' association had expressed concern that judges were being criticized on social media based on their decisions after holding a press conference on 12th December.
A few days ago, Law, Justice and Parliamentary Affairs Minister Anil Kumar Sinha and Home Minister Om Prakash Aryal reached the Supreme Court and left after discussing with some judges including the Chief Justice. It is not known what was discussed between them.
A judge said that Chief Justice Raut has called the Law Minister and the Home Minister for discussion, concluding that there has been an increase in the spread of confusion on social media in recent days. 'Both of them have a background in the judiciary. They have been called for the discussion because they understand the sensitivity of the court,' the judge said. According to him, the government has been requested to take 'action' on this issue.
In a conversation with Kantipur, judges of the Supreme, High and Special Courts have said that pressure on the administration of justice has increased recently due to social media. They say that they are starting to worry that the opinions that come out on social media before the case is heard and the comments made after the verdict or order will affect the justice.
Since one of the two sides of the case is certain to lose, the danger has increased due to those who give the losing side the freedom to write whatever they want on social media and make their opinions public before the hearing, saying that justice should be done as they want. ‘We have created a judicial hearing process from the district, higher to the Supreme Court. One of the two sides of the case is certain to lose, but if there is a tendency to defame judges on social media as soon as a case is lost at any level, how can the higher and the Supreme Court deliver the verdict?’ He said, ‘On the other hand, if social media is the only way to do justice, why are there so many courts and judges at each level?’
The judge said that if the issue of dispensing justice is not taken sensitively and seriously, the judiciary will collapse. ‘If the orders and decisions of one or two judges are wrong, they should be investigated. We accept fair and factual criticism. But when everything is accused of being bad, the judiciary gets into trouble,' he said, 'The judiciary rests on public trust, it must be protected.'
Courts were also targeted in the protests on 24 Bhadra. Protesters vandalized and set fire to the Supreme Court, Special Court, various district and high courts. There is a figure of Rs 2.128 billion in damage to buildings, vehicles, and office equipment in the completely damaged courts. The Supreme Court has stated that there was a loss of Rs 2.64 billion in the partially damaged courts and Rs 14.58 billion in the minor damaged courts.
While returning to the courts after the arson and vandalism, the judges expressed concern that social media and some media outlets were targeted.
