Justice is not possible under fear and influence, be it the fear of a two-thirds majority in government or impeachment. I call upon all judicial personnel to move forward with indomitable courage, free from fear and intimidation: Malla
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Acting Chief Justice of the Supreme Court Sapna Pradhan Malla has said that ‘any attempt to make the judiciary obedient or a means of political self-fulfillment will not be acceptable.’ She said that there is a tendency to weaken the principle of separation of powers and the rule of law, and that courage and commitment are needed to stand up against conspiracies against the rule of law.
Addressing a function organized on the occasion of Law Day, she called on the judges to dispense justice fearlessly. ‘The judiciary should be free from any kind of fear, intimidation or political influence,’ she said, ‘Justice is not possible under fear and influence, be it the fear of a two-thirds majority government or impeachment. I call on all judicial personnel to move forward with indomitable courage, free from fear and intimidation.’
The Constitutional Council, which met on Thursday under the chairmanship of Prime Minister Balendra Shah, had recommended Manoj Kumar Sharma for the vacant post of Chief Justice, contrary to the seven-decade-old tradition of recommending a senior judge of the Supreme Court. Sharma, who is the acting Chief Justice, was recommended as the senior-most judge, leaving behind Acting Chief Justice Malla and her successors, Justices Kumar Regmi and Hari Prasad Phuyal. Two days later, at a program organized by Acting Chief Justice Malla, said, 'A tiger that eats one cannot be said not to eat another, therefore, actions taken by killing the law ultimately lead to tyranny.'
She also said that the rule of law cannot be established unless those who violate the constitution are held accountable. She said, 'Work done against the constitution while keeping the constitution as it is cannot be a revolution or change. It is ironic to try to embellish the image of the administrators by distorting the constitution.'
