Even if court or case files are burned, justice does not die. There will definitely be problems and difficulties after the original evidence is burned, but all will be resolved through judicial efforts.
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The Supreme Court, a historic monument of justice, was burnt down in a devastating and spectacular fire during the protest on Bhadra 24. The protest included the Pokhara High Court and some other high courts, as well as district courts in various districts, including Kathmandu.
About three dozen buildings, from court residences, guesthouses, and security houses, were burned. When the court was burned, not only the case files in the appeals, writs, and case branches of the court were burned, but also some cases from the Chief Justice's office before 2008 to the Amini Court and almost all cases after 2016. Along with mechanical devices, modern information technology records were also reduced to ashes.
On the day that the Supreme Court, 3 high courts, 4 bench courts, and 14 district courts were burned, 933,823 files from 22 courts across the country were also burned. Physical damage worth one billion twenty-one crore twenty-one lakh ninety-one thousand ninety-one rupees was caused. The national pain of the crime of burning judicial history cannot be assessed.
When the courts were burned, files of major scandalous cases were selectively burned among the files burned. It would be unfair to say that this is just a coincidence. The files of the main cases that were burnt in the Kathmandu District Court fire include: fake Bhutanese refugees, Durga Prasari, 61 kg of gold, Lalita Niwas government document forgery case, Bal Mandir land case, civil cooperative cases involving about 4,000 victims.
All major corruption-related cases, including Govinda Raj Joshi (decision has been made, but the full text is yet to be prepared) were burnt in the Supreme Court. The files of the Constitutional Bench, cases during the armed movement, Lauda, Sudan, Bide Body, Pashupati land scandals, telecommunications scams related to Sunil Poudel and Bikal Poudel, former MP Ichcha Bahadur Tamang, the petition filed by the Sarada Kathayat against the pardon of Resham Chaudhary, the murder of Maina Sunar, Sikta irrigation, Babai bridge construction corruption, etc. It is said that in total, about nine and a half lakh files and files were burnt and destroyed.
Even if the court or case files are burned, justice does not die. After the original evidence is burned, there will definitely be problems and difficulties, but all will be resolved with judicial efforts. It will take about a year for all the courts to return to the rhythm before Bhadra 24. However, the court will return to rhythm. Events are showing that the voice of judicial restructuring is slowly getting justice.
The court should start the journey of justice by collecting and combining the records left on the computers of government lawyers or private legal practitioners or parties to the case. The information system of the Supreme Court has been recovered to a large extent, which will make it much easier.
Whatever was burned, our property was burned, documents were burned. This will prove to be very expensive. The rest was just national destruction. The burning destroyed the nation's invaluable treasures. For the protesters who still have a Nepali mind and Nepali identity, who burned the heritage of justice, that incident will be a 'regret for the rest of their lives'.
– Acharya is a former judge of the High Court, Pokhara.
