Judicial morality

At a time when the judiciary is facing a drought of public faith and is struggling to clean its tarnished image in recent days, a morally questionable act of the Chief Justice (CJ) - appointment of his spouse to the post of section officer -- and an offence of the Supreme Court (SC) Registrar - use of a vehicle with an illegal number plate-- over a span of one week, have come out.
These acts by Chief Justice Dilip Kumar Poudel and Registrar Dr Ram Krishna Timalsena, head of the judiciary and the chief of the apex court administration respectively, have disgraced and caused irreparable damage to the esteem of the institution of the judiciary and judicial system. These acts, have further eroded public faith on the judiciary, irrespective of the intention behind the acts.

The Post regards that both the posts deserve high respect and prestige from the public. But, at the same time, the positions demand a high standard of morality in what they do. A petty act subject to moral question, by figures like the CJ and Registrar is very damaging to an institution like the judiciary whose very foundation is public faith. Such damage is irreparable. So judges and officials of the judiciary should be responsible and careful to what they do/will do to ensure that their acts do not harm the institution.
Press has been reporting the morally questionable acts in the judiciary over the last three years. But such reports have been ignored by the people in the judiciary without realization of the far-reaching effects of such activities. And such individuals were never brought to justice, and thus impunity has been encouraged in the institution. For instance, the then Chief Justice Hari Prasad Sharma delivered a political speech at an international forum in 2005, which was a breach of the code of conduct for judges. But Sharma was never punished. This kind of impunity must end to make our judiciary a temple of justice which people revere.

History has recorded damaging activities, one after another, by people in the judiciary over the last three years. But the judiciary has failed to use every correction opportunity in the past. Our judiciary never learnt a lesson from the infamous Robinson scandal. It could have been used as an opportunity to correct the existing maladies in the judiciary. But that did not happen. Now the judiciary should realize that no one, but the people in the judiciary, are responsible for earning damage and disgrace to the institution. It is high time the judiciary end impunity of all sorts within itself and make the institution respectable and morally clean.

Bruised Madhes

Never before in the history of Nepal has the role of Madhesi leaders and parliamentarians been so crucial and so indispensable. Never even during the 11-year Maoist insurgency had the situation seemed so perilous. That is because the Maoist leadership took a diversion when confronted with a choice that would lead to a flare up of ethnic hatred. But the JTMM factions (Goit and Jwala Singh) are waging their armed rebellion on an ethnic plank, something which is extremely dangerous, not only for the integrity of the country, but for humanity. Comparing the situation to Rwanda, Sri Lanka or Sudan would be overstating it, but the risks cannot be ignored. If Madhesi leaders act promptly and effectively, the sporadic flare-ups in Madhes can be doused before the situation explodes into full-fledged civil war. But Madhesi leaders appear apathetic about the potential risks and seem to be scrambling to join the Madhesi band-wagon without really weighing the pros and cons.

It requires courage, honesty and goodness of heart to be a leader. Leaders should be able to take a clear line, and do so publicly. We know most of our Madhesi leaders are not in favor of ethnic cleansing of hill people from the terai, but they have been shying away from flaying sternly any move in that direction. If they keep mum now for fear of being labeled pro-hill, they will be responsible for any racial war that might engulf the country. The Madhesi people are definitely not for that. They want peace, harmony, development and prosperity. But it requires leaders to articulate the public's preferences. That is why Madhes is calling out for a conscious move in the right direction from its sons. Unfortunately Madhesi leaders of the NC, UML, the Maoists, NC(D), MPRF, and Madhesi intellectuals are refraining from speaking out in favor of national unity and flaying the wrongful goings-on in Madhes.

Why is the Madesh situation deteriorating so fast? It's mainly because Madhesi leaders are more concerned about protecting their individual turfs. As a result, members of political parties that fought so hard to reinstate parliament are now trying to undermine the importance of that very parliament by obstructing its proceedings. The government also seems quite feckless in the face of the Madhesi imbroglio. The formation of one committee after another has not borne fruit because the leaders do not really know how to address the situation. The government needs a two-prong strategy. It has to take strong action against people resorting to violence, and deal respectfully with people who have been raising the justified demands of Madhesis. The major problem confronting the country now is not the monarchy or election of a constituent assembly. It is the Madhesi movement, some factions of which are deliberately trying to push the country into civil war.

Source: The Kathmandu Post, April 28, 2007

NEPAL: LEFT UNITY, POSITIVE SIGNAL FOR SA, YECHURI

Sitaram Yechuri, the Indian Communist Party leader today met Nepal’s Prime Minister.
Mr. Yechuri had an hour long meeting with the Prime minister, reports say.
Sources close to the Prime Minister’s private secretariat talking to the telegraphnepal.com told that the two leaders discussed on timely conduct of the CA polls and the unity among the Eight Party Alliances.
Mr. Yehcuri, more so, was seen very concerned over the poor management of cantonment sites, the source said.
Mr. Yechuri got the distinction to visit one cantonment site in Chitwan together with Ian Martin, the UNMIN chief.
He is the first Indian to be honored to visit the site where Maoists militias are languishing.
He, however, beamingly said that if the left forces in Nepal unite would send positive signals in the entire south Asian region. He said this upon meeting Maoist deputy Babu Ram Bhattarai.
Analysts at the www.telegraphnepal.com conclude that Mr. Yechuri who is virtually a drop in India’s oceanic politics, however, is considered as a top-mentor for the communists in Nepal.
It appears that Yehcuri has more students in Nepal than what he has in his motherland.

· Nepalese intellectual would love to learn in what capacity he comes to Nepal? Why he so frequently visits Nepal?
· More over, whom he represents from India when he comes to Nepal?
· After all who is he to mediate in between our political leaders?
· What are his intentions?
· Is he the Indian PM’s special extra-ordinary and plenipotentiary?
· Or he is undeclared Ambassador at Large of India to Nepal?
· How large he is in Politics of mediation? And finally who invited him this time in Nepal?

The academicians need adequate and convincing answers. However, such frequent unwanted arrivals of Indian politicos in Nepal humiliate the entire Nepali population. Analysts say that the Nepalese side has always been at the losing end as and when such visits are planned, invited or uninvited.

Source: Telegraph Nepal, April 26, 2007

Bomb against Christian orphanage allegedly converting children by force

Prakash Dubey

An orphanage run by the Pentecostal Church in Birganj is attacked and one child is wounded. A Hindu extremist group claims responsibility. It says it wants to restore the country to its Hindu theocracy, accusing Christians of converting Buddhist and Hindu children to Christianity with funds from pro-Maoist groups. The establishment’s administrators reject the accusations. Kathmandu (AsiaNews) – A Hindu fundamentalist group in Nepal bombed a Christian orphanage accusing its administrators of converting its non Christian children and receiving funds from pro-Maoist organisations. The explosion occurred in Birganj, Nepal’s industrial capital, at the “Grace Children Home” and wounded one child who is now in hospital. The orphanage is run by the Pentecostal Church and is home to some 80 children from around the country who lost their parents during the Maoist insurgency.

The attack was claimed by the Nepal Defence Army (NDA), a recently-created group that wants to restore the Hindu theocracy that once ruled the country. According to a local NDA organiser, Praban, the reasons behind the attack are two-fold: “Firstly, the Christian owners of the home are obviously converting the Hindu and Buddhist children from the hills and mountains to Christianity. [. . .] The bomb was a warning against their nefarious project. Secondly, [. . .] we have evidence that they are actually children of Maoist guerrillas who were killed in army operations during the insurgency. The Maoists don't mind if their children become Christians.”
Speaking to AsiaNews, the orphanage administrators reject all the accusations saying that their work “is to help and educate poor children who have lost their families.”

Source: Asia News, April 26, 2007

Inadequate Resources

THE inadequacy of fire fighting equipment in the Kathmandu Valley was amply exhibited in trying to control the Tuesday blaze at Makhan Tole of the metropolis. It is true that there are various reasons why blazes occur, but the preparedness level ought to be optimum to fight them when they take place. With the growing population and the houses packed together so close on a tiny plot of land, a fire that occurs in one house due to whatever reason can affect the adjoining buildings. Moreover, the storing of inflammable materials and the always threatening short circuits haunt the people residing in the valley. Such unfortunate events take place mostly during the summer months when the humidity level is low, and fire can spread easily and fast. All fires cannot be prevented, but the fire brigade has to be ever ready to be able to extinguish any type of fire. However, the sad fact remains that though progress has been made in many sectors, the office responsible for meeting such emergencies are not well equipped.

The case is not of the Valley alone but towns across the country. The number of fire fighting engines is dismally low. It is stated that there are only five fire fighting engines in the capital, which is totally inadequate. Seeing the dangers that fire can pose in leading to the loss of lives and property, it is necessary that the concerned authorities think over it and take immediate steps to enhance the capacity of the fire brigades so that they can act efficiently and effectively in controlling fires when they break out. A related problem is the narrow alleys and streets of the cities, which makes it difficult for the fire brigade to reach the disaster site as quickly as possible. In all this, the courage of the existing fire brigade must be praised for doing with so little to contain fires in the valley. It is not only more manpower that is needed, modern methods must also be imported to fight fires. Training firefighters is also a must. As an incentive to the firefighters, appropriate firefighting equipment, including their personal gear, ought to be provided. Looking at the increase in the number of housing establishments and the ever-growing population, the number of firefighter, too, must be increased after a clear study of the needs of the Kathmandu Valley in this respect.

Source: The Rising Nepal, April 27, 2007