By TON Nepal

New dispute in offing over judiciary with and justices at odds in Nepal. The recent rift is over whether to allow the anti-graft body to scrutinize the construction of a new court building. A new building is being built on the Singha Durbar locations to house the Supreme Court Supreme Court justices are up in arms over acting Chief Justice recent letter to the anti-graft body to continue investigation into supposed corruption in the continuing construction of a new building for the Supreme Court.

Most of the senior justices, according to insiders, have questioned acting Chief Justice, over his letter to the Commission for Investigation of abuse of Authority inviting it to probe into the alleged corruption. A new building for the Supreme Court is being constructed just behind its current location, on a plot on the Singha Durbar premises.

The development indicates that fissures have grown between justices and acting chief justice, who together fought against the former Chief Justice. He became acting chief justice after former chief justice’s suspension on February 13 subsequent to the process of an impeachment motion against him in the Parliament Secretariat by three ruling parties.

According to Supreme Court sources, the acting chief register had sent a letter in response to a enquiry about the objections filed at the Commission for the Investigation of Abuse of Authority (CIAA) on April 17. In the letter, acting chief registrar said the anti-graft body “cannot investigate” into decisions taken by the former Chief Justice of the Supreme Court.

However, stating that the registrar sent the letter by keeping him in the dark, acting chief justice on July 13 wrote to the anti-graft in which he said “it can continue the investigation. Both the letters have been seen by the Post. It seems the justices fear that this could set a example for the anti-graft body to investigate into their justices actions also.

On October 2 the acting chief justice will retire, and most of the senior justice will succeed to helm the judiciary. Nepal’s top court has been entangled in a series of disagreements, with the judiciary taking the center stage for all the erroneous aims during the tenure of former chief justice.

Months after former chief justice’s suspension, it is enmeshed in another disagreement with senior justices and the acting chief justice at odds. As most of the senior judges have objected and expressed their displeasure to both the letters. They had demanded on Friday that acting chief justice should call a meeting of the full court to deliberate the matter which the acting chief justice rejected.

Acting Chief Justice also started a movement to clean-up the judiciary, by taking action against at least five judges for misconducts and failure to meet the standards. The dispute between the head of the Supreme Court and other justices could further stain the image of the judiciary, which has been facing a disaster of reliability.

Earlier the former chief justice’s suspension the acting chief justice was the senior most justice and he and other justices were united against former chief justice accusing him with supporting exploitation. They alleged him of declining to implement a report set by a Justice proposing reform processes. They had even rejected to attend a full court meeting called by former chief justice and later refused the benches that they had to share with him.

One of the senior justices of the Supreme Court admitted there are some issues. However it can be solved the issue through discussions. Let’s not amplify it as it could damage the positive progress that we have developed in the judiciary after the ouster of former chief justice.

As the justices are not happy with the way Registrar refused to allow the anti-graft body to investigate the construction works and the way acting Chief Justice sent another letter through his secretariat instead of using the proper channel of the chief registrar.

The latest controversy has arisen just as the Supreme Court was starting to implement the report of a Justice. Acting Chief Justice had also started a campaign to clear the judiciary, by taking action against at least five judges for wrongdoings and failure to meet the criteria. Some say such recurring controversies could make it impossible for the judiciary to earn its gone magnificence, at a time when ordinary people and the intellectuals are questioning its integrity.

Many former justices of the Supreme Court had also pinned hopes that the judiciary would be back on track after former chief justice’s ouster. Though, the judiciary needs improvements, not a fight between the acting chief justice and justices.

The ongoing controversy in the judiciary has stemmed from the fact that some people don’t want the anti-graft body to investigate court-related corruption. Some court officials don’t want the commission to investigate corruption charges involving construction of court building. Barring the commission from investigations will only encourage corruption. However, the investigation should focus on administrative wrongdoings only.

There appears to be attempts not to allow acting Chief Justice to endure his reform measures and the continuing controversy against him is also a part of such efforts. The acting chief justice has been trying to carry reforms in judiciary and is making to take a decision on the 52 constitutional appointees and therefore efforts are being made to dishonor him.