KATHMANDU: Rastriya Swatantra Party (RSP) lawmaker Sobita Gautam raised serious concerns in Parliament on Sunday regarding the functioning of the judiciary, the erosion of due process, and the overall state of rule of law in Nepal.
Speaking during the House of Representatives session, MP Gautam questioned the court’s handling of judicial procedures, the constitutional rights of defendants, the role of the press, and the dignity of Parliament.
She warned that the judicial process is being “murdered” before justice is served and urged Parliament and civil society to take collective responsibility rather than remain silent.
“The judicial process is being undermined even before justice is delivered. Will we continue to be silent witnesses, or will we stand up and resist this decay?” Gautam asked.
“This is a matter of national concern and requires a shared response from both Parliament and civil society.”
She emphasized that the media must not abandon its fundamental duty to highlight legal violations and challenge injustice. “The press must not retreat from its core responsibility. Ignoring such issues entirely only deepens the crisis of public trust,” she said.
Referring to growing public dissatisfaction, Gautam stated: “Whether someone is killed by an illegal sword strike or through systemic injustice, the resulting despair must be shared by the press, civil society, and Parliament. We are all responsible for failing to uphold the rule of law.”
Here are key excerpts from MP Gautam’s speech:
“There is a widespread sense among the public that the judiciary can no longer be trusted. This is not a simple legal lapse; it’s a blow to the constitutional spirit.”
“While I don’t wish to debate the specifics of ongoing court cases, as a citizen, MP, and law student, I feel deeply concerned by the court’s own apparent disregard for due process. This raises fundamental questions about its ability to protect the constitution.”
“The Constitution of Nepal upholds the supremacy of the rule of law. Article 20(9) ensures every citizen’s right to a fair trial. Without strict adherence to judicial procedures, impartiality is impossible—especially for those in custody.”
She criticized recent practices in the courts where hearings are reportedly held without informing the defendants: “Scheduling a hearing without notice, conducting it in secrecy, and then claiming post-facto notification undermines the very idea of justice.”
Gautam also raised concerns about the neutrality of the bench: “There’s growing public skepticism about judicial bias. A hearing without notice is a fundamental violation of natural justice.”
She questioned whether courts are increasingly behaving like executive bodies: “These one-sided actions signal that even the judiciary is adopting an executive-style approach. This is dangerous and unacceptable.”
MP Gautam warned that the situation may lead to public outrage: “If the courts start acting like the executive, the rule of law collapses. What remains is a mere illusion of legality. If this continues, people will naturally take to the streets.”
She concluded by urging the Forum of Former Judges to speak up: “When former judges themselves have said the state is violating the legal spirit, isn’t now the time for them to question the judiciary’s conduct?”
She said firmly, “This is a critical moment. We must decide—will we silently witness the destruction of due process, or rise together to protect it?”
Comment