Judge Rajkumar Koirala and Advocate Rudra Pokharel.
- ‘I will ask the Chief Justice to report number one. I will make you report too. You don’t have to be afraid. Why are you scared When will such an opportunity come? How many other people are sitting there. ‘
- ‘I did not do it if you did not get the signal. I do it from above. I also take luggage. Let’s take it a little better. This opportunity does not always come.
- ‘All these channels have been blown away. In fact, they could not go with the strong. He also comes from above. It is my responsibility to bring your order directly. Why are you scared? ‘
Advocate Rudra Pokharel, who is also the former treasurer of the Nepal Bar Association, told Judge Raj Kumar Koirala of the District Court, Kathmandu, to release Ichchha Raj Tamang, who was arrested on the charge of swindling public money through all these civil cooperatives.
Pokharel not only offered a bribe to Judge Koirala last December (2078), but also assured that if there was an order, he would be brought before the high court and nothing would happen from ‘above’.
Initially, the judge, who was reluctant to talk to Pokhrel, opened the door after receiving assurances that he would be protected, that his order would be upheld by the high court and that there would be no embarrassment in the court where he works.
Advocate Pokharel said that he would talk to the Chief Justice repeatedly during the conversation.
This audio dialogue of about 11 minutes has brought out an ugly picture of the entire justice system of Nepal. There was talk of bribery in the court. Last time, the Nepal Bar Association had accused Chief Justice Cholendra Shamsher Jabra of taking bribe through a middleman.
This audio dialogue has established that even if a bribe is taken in court, an order / decision can be made. “It’s not new to us, as I’ve said many times before. There are many examples of judges and legal practitioners dealing with cases in restaurants since the evening, ‘says senior advocate Savita Baral Bhandari.’ There may be many such audios in the market. They have to come out, and we know what happens inside the judiciary. ‘
According to him, some people openly carried out such activities before the suspension of Chief Justice Cholendra Shamsher Jabra. Some parties to the case used to tell such things to the legal practitioners, but they could not do anything. Pokhrel, who has also created a controversial image in the audio dialogue, has said that he will meet the Chief Justice (Cholendra Shamsher Jabra) directly and get him to work through him.
This is the case when even the Chief Justice of the High Court and the number one judge of the district court complained that they did not meet the Chief Justice.
At that time, when they tried to meet, Chief Justice Jabra used to name his mediator ‘to meet so-and-so’. However, Pokhrel’s statement that he could easily meet a lawyer who is close to him and arranges the setting became public.
Another perversion that has been going on in the courts for a long time is taking the leadership to their advantage in the high and district courts and setting the cases from them. Advocate Pokharel’s statement reveals that it has now taken on an institutional form.
No judge may direct another judge to sit. Even though they are young, they are free to use their discretion.
The same recognition should be applied in the lower courts as well. And, when favorable, the Chief Justice and others use subordinate judges. Audio released on Wednesday shows that the now-suspended Chief Justice Jabra was involved in such activities.
Advocate Pokharel confidently said that Chief Justice Jabra would ask the district’s number one judge and number one judge to order another judge to do the same in the case. Not only that, he has said that he will call the number one judge of Kathmandu (Raju Kumar Khatiwada) and talk to him. Judge Koirala himself said that it would be easier to get an order from above than to do something directly.
“Now, if I don’t go and say hello and do more than what I told you to do, then who is going to do such a thing?” During the conversation, Advocate Pokharel gave an old example and said, “He is doing so much about Lalkaji by taking money. Isn’t it? ‘ Who is Lalkaji, is not revealed through dialogue. However, Pokhrel, an advocate in favor of Jabra, has denied the allegation that Chief Justice Jabra had done anything with Lalkaji’s money.
‘Don’t speak in court without evidence. Despite our experience and belief that it was corrupt, we were helpless to do nothing ‘, says senior advocate Shri Hari Aryal. We have a lot of corrupt people. The distortion never came out. ‘ He said that if the case involving the outgoing treasurer of Bar was seriously investigated, many more facts would come to light.
The public dialogue has also indicated that the Chief Justice has been giving instructions to the judges in the case itself. Advocate Pokharel has repeatedly said, “I am celebrating above” and has indicated that there is room for reconciliation. At that time, muscle management had already started in district and high courts across the country through the round system. No decision would be made on which judge’s case would be heard. However, Advocate Pokharel seemed confident that it would not be difficult to settle the issue even after the issue was raised in the bench.
He also assured Judge Koirala that the district order would be upheld by the high court. That means taking charge of the 30 judges in the high court. At that time, the rounding process had already started.
Advocate Pokharel has said that he will be fined around Rs 20 million for releasing the accused Tamang on bail.
In a report submitted to Chief Justice Jabra by a committee headed by Supreme Court Judge Harikrishna Karki in August 2078, it was pointed out that some judges and legal practitioners themselves were intermediaries.
The report says that some of the judges’ relatives have bought and sold the case. This audio also emphasizes that there is a bribery transaction in the court and it should be investigated.
According to senior advocate Baral, the client (the party to the case) has repeatedly stated that there has been a meeting between the judge and the other party. She said that she had to believe in Harjeet after the order and verdict as indicated in the unpredictable case.
“There are instances where the judges themselves have been directly involved in the deal and settled the case,” she said. In order to say that, there had to be proof. We don’t get proof. What to do? ‘
Former Supreme Court Justice Prakash Vasti also said that the audio dialogue had brought out the dire situation of the court. Stating that the justification for the demand for judicial restructuring has now been established, he said, “Otherwise, this distortion will not be stopped by taking action against a district judge and a lawyer.”
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