Nepal: Puzzling

Any system that guarantees freedom of expression, freedom of movement, prompt deliverance of justice and adequate security to its citizens is perhaps the best system.

And that is why the democratic system has been considered to be one of the best systems prevailing in the globe.

After all what a citizen expects from its rulers? The things mentioned above and the existence of rule of the law wherein corrupts and those who take the laws in their hands are penalized as per the existing laws of the land by the security agencies and later the competent and the independent courts if the case demands the intervention of the courts.

The general presumption all over the world has been that in a democratic system the Courts, remain free from the dictates of the executive branch of the state which allows the courts thus to deliver justice without presumed intervention from the state authorities.

However, in Nepal more so after the advent of what is called the improved version of democracy-the Loktantra-events that have happened of late are not puzzling but surprising as well. To be candid, the Nepali courts-the temples of justice as it is rightly called- as presumed to have functioned in a democratic system appear not to have provided verdicts that should have brought to book those who abused their authorities while in power and through the use of corrupt practices amassed wealth that would be sufficient to sustain their three generations to come.

For instance, the Lauda Air scandal created a furor in the country some years back. The general feeling had been that the men managing then the Civil Aviation and the Royal Nepal Airlines Corporation abused their authority and leased an aircraft from Austria and in the process managed for themselves millions and millions of dollars only to be distributed amongst them-the conspirators.

The Commission for the abuse of authority, the CIAA-then filed cases against those whom the Commission suspected to have been involved in the Lauda air scam. Some ministers and their henchmen too had been sent behind the bars for a brief period. Later the case hearing court set them free under the arrangement of some bails. In the mean time the ensuing political instability provided some space for the suspected culprits of the Lauda air to maneuver the existing rules and the regulations in their favor.

Now that with the full and complete “institutionalization” of Loktantra, the Special Court in Kathmandu that was hearing the cases of the Lauda air only recently found that those involved in the air scam were not guilty as charged by the commission for the abuse of authority. The case thus absolved the real culprits from guilt. When the court provided its verdict in favor of those who were the real culprits, it is only but natural that the suspected and presumed culprits were the first ones to have gained from the dawn of Loktantra.

Understandably, the culprits have become the citizens upon whom the society can longer point its fingers any longer for they have been proved to be “innocent” ones upon whom a case unnecessarily was framed by the CIAA. However, the fact is that those freshly released by the courts are not even respected in their private households. The family members too take their own members as the culprits.

The entire society in Kathmandu and elsewhere remains astounded over the fresh verdict made in favor of the noted corrupts of the nation.

The court while absolving the alleged corrupts does not mention as to where did the money go which was pocketed by the alleged corrupts? After all the RNAC had to bear the loss which was pocketed by some? But who is this man or men in groups who have pocketed this amount which incurred heavy loss to the Nepal’s flag carrier? The court should have thought on this aspect as well. Releasing the corrupts, now turned to a benevolent personalities, can be digested but the money some body pocketed out of the Lauda Air deal must be searched. But the court here remains silent. The first gift of the Loktantra. If the courts go on passing such verdicts it would be a mockery of the entire system. Take it for granted.

This is not all.

So many other cases of corruption have either been dissolved by the Special court or at best dismissed citing inadequacy of substantial proofs. In the process, country’s noted corrupts all have been cleaned by th special court. Interestingly, the men involved in alleged in corruption charges either were high flying politicos of the ruling Nepali Congress including PM Koirala himself or the rest were pseudo workers and sympathizers of the Nepali congress.

This phenomenon is really surprising indeed. How could the court fail to find even a single corrupt out of several cases this time? This is puzzling.

With due respect and honor to the nation’s court we appeal the special court to reexamine the cases and look deep into the internal matters and provide verdict in such a way that not only enhances the integrity of the courts in Nepal but also satisfies the lay men and make them sure that Loktantra really meant deliverance of justice in a free and fair manner.

Thus we also appeal the Supreme Court of Nepal to go deep into the verdict freshly provided by the Special court which went in the favor of the noted corrupts and satisfy the general feeling of the lay men who remain hundred percent sure that those absolved by the junior court were declared and noted corrupts of the nation.

We apologize for having said so much as regards the Courts. We possess the highest regards and honor for the courts here. However, with due respect and honor we appeal the SC to re-open the cases and provide real justice.

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