The court is the place where all kinds of investigations and allegations find their conclusion. The court should provide guardianship and leadership to all matters related to judicial trials. For this, the full capacity of the court is indispensable.
Courts that were hit by the arson, vandalism, and looting of 24 Bhadra have started to return to work. The administration of justice has been resumed by using substitutes for the burnt buildings. With buildings damaged, courts burned, and physical assets stolen, it may take a long time to restore the justice system to its former glory.
However, in this time of confusion, it is positive that the justice system is starting to gain momentum by shaking off the dust. Because, the administration of justice is not only a matter of the responsibility of the court, but also a matter of the rights of all those who are knocking on the doors of the court in the hope of getting justice.
Article 20 of the Constitution has made provision for the ‘right to justice’ as a fundamental right. This also reveals the sensitivity of justice. The possible time for the adjudication of justice after 24 Bhadra has been pushed back and the damage to the files has added to the confusion for some. The work of breaking all this can only be possible with the proactivity of the court.
Due to the vandalism and arson that occurred on 24 Bhadra, 23 courts across the country, including the Supreme Court and the Kathmandu District Court, were damaged. 10 courts were completely damaged, nine were partially damaged, and four courts suffered minor damage. In the process, about 933,000 case files were also destroyed across the country.
The Supreme Court, the final seat of the judicial process, was mainly burned down. However, the courts started providing regular services a few days after the fire. The Supreme Court itself had started its services from 29 Bhadra by setting up a tent in the courtyard of the building that was destroyed by the fire. Other courts had also started their services in whatever way possible. Initially, the damaged courts, which only heard writs of habeas corpus, have gradually reached the point of regular hearings. This is very positive. The Supreme Court, where most of the courts, including the bench and chambers, were burnt, has started hearing writs from this week by setting up benches in the annex building next to the main building. The Kathmandu District Court, where five benches and five chambers of the main building were completely damaged in the fire, is working from three to four benches in a small building. The High Court in Biratnagar, where the judicial history records in the building, the Chief Justice's quarters, the guest house and the office of the bench officer were burnt, has started working from the burnt building after general repairs and painting. Out of the eight benches of the Chitwan District Court, four are currently operational and one is in Tohro.
Out of the four benches in the main building of the Hetauda bench of the Patan High Court, bench number one has been fully operational since Sunday, even though it was destroyed by fire. The Butwal bench of the Tulsipur High Court in Butwal, Rupandehi has not yet been fully operational. Out of the six benches, only four are currently operational due to lack of space. The court's meeting room has been used for the bench.
Regardless of the state's condition and capacity, the strongest and most reliable is the assurance of justice. It is only with the assurance of justice that every society gains the self-confidence to face difficult times. The peace and security of society ultimately depends on the credibility of the justice system.
Therefore, the justice system is also a matter of international concern. When the courts were set on fire on 24 Bhadra, the international image of the country has been tarnished. Reconstruction of physical infrastructure alone may not be enough to brighten the image. There should be a qualitative change in the working style of the court, the speed and capacity of justice delivery.
The self-confidence of the court alone is not enough for all these tasks. At least, the management of physical facilities, including the courtroom and computers, should be ensured. Such management can be facilitated with the integrated efforts of the court itself, the government, citizens and stakeholder organizations. Now, important initiatives for digitization of the entire office including the court and the security of documents are also mandatory.
Regular work is being done in the administration of justice. There are delays in the administration of justice in our courts as well. The belief that ‘delayed justice is equal to no justice’ has also become limited to the belief. The delay is likely to be further prolonged due to the multifaceted damage caused by arson and vandalism. Although the issue of speedy justice was already challenging, it has now become complicated. On the other hand, issues related to the Gen-G movement will also enter the court.
Because, the human and material losses incurred in the movement are under investigation. The court is the place where all kinds of investigations and allegations find a conclusion. The court should provide guardianship and leadership to all matters related to judicial trials. For this, the full capacity of the court is indispensable. A makeshift style of working by sitting in the corners of burnt buildings, begging or renting does not ensure the smooth flow of justice.
