Serious questions raised over judiciary's credibility in Sapkota scandal

According to a report by The Kathmandu Post, political difficulties are mounting for the ruling party RSP in Nepal due to the Sapkota scandal. The involvement of judges, police officers, political intermediaries, and fixers in this scandal has created an institutional crisis in the country. The name of the Prime Minister's political advisor, Kumar Byanjankar (Ben), has also surfaced in this matter. He is accused of hiding Inam Sapkota's phone, which was crucial evidence for the investigation, from the police for nearly 48 hours. If this allegation is proven, it would be considered a serious crime, which could also damage the image of Prime Minister Balendra Shah.

The government wants to limit this investigation to the relationship between Sapkota and former Chief Justice Cholendra Shumsher Rana, but experts believe this is not just a personal problem, but a systemic flaw. Supreme Court Justice Hari Phuyal's name has also come up in this controversy. The meeting between Phuyal and Sapkota was in the context of ongoing cases, but he himself had also drawn attention to the broader context of this meeting. Relations between the Prime Minister's Office and Justice Phuyal have been strained, especially when Phuyal expressed displeasure over the appointment of the current Chief Justice Manoj Sharma.

According to Article 153 of the Constitution of Nepal, issues regarding the misconduct of any sitting judge fall under the jurisdiction of the Judicial Council. Therefore, the evidence found in the investigation of Sapkota's arrest should be sent to the Judicial Council so that they can initiate an internal investigation. The government or the ruling party cannot unilaterally take action against any judge or former Chief Justice, as this could become a political move that might create conflict between two organs of the state. It is extremely important to maintain the principle of separation of powers in a democracy.

RSP President Rabi Lamichhane should discuss this issue with Prime Minister Balendra Shah and Speaker Dor Prasad Aryal. There has also been a demand to call a special session of Parliament on this matter. The challenge for the government is that they cannot investigate the conduct of others while keeping their own government separate from the investigation. The allegations against the Prime Minister's advisor should be taken as seriously as other allegations are taken.

In Nepal, the judiciary is the country's highest judicial body responsible for the protection of the constitution and the rule of law. In the past as well, this institution has been at the center of various political and administrative disputes, where questions have been raised about the appointment and functioning of judges. The Judicial Council operates as a constitutional body for the appointment, transfer, and disciplinary action of judges.