Valley
Parliament conducts hearings on SC justice nominees
Supreme Court Justice nominee Sapana Pradhan Malla has said that Nepal should find a lasting solution to the issues related to protracted transitional justice through setting up legal and institutional infrastructure to give closure to the conflict-era cases.Supreme Court Justice nominee Sapana Pradhan Malla has said that Nepal should find a lasting solution to the issues related to protracted transitional justice through setting up legal and institutional infrastructure to give closure to the conflict-era cases.
Responding to the queries of members of the Parliamentary Hearing Special Committee, Malla, who is also an elected member of the Convention Against Torture, argued that this is imperative for the country to address the issue as it is the only way to avoid possible application of international jurisdiction on conflict-era cases.
"Sine the transitional justice bodies are in place, there should not be any problem in redressing the wounds of the conflict victims," said Malla. "Transitional justice is also about rebuilding social fabric through legal and non-legal recourse."
Arguing that the transitional justice is a component of the peace process, she said that the government and political parties should act responsibly to give justice to the conflict victims.
"At the same time, Nepal should also ensure non-repetition of rights violation in the future in addressing the conflict era cases, which is a major component of the transitional justice process," she said.
The government formed the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons to look into conflict era cases on February last year. The commissions have already collected over 55,000 complaints related to conflict era cases. Currently, they have been screening the complaints while they are also registering complaints at the central office in Kathmandu.
Malla, who described herself as a "cause lawyer" due to her dedication to advocating for social justice, emphasised on legal and institutional infrastructure and vision to make justice accessible and affordable for all.
Committee members appreciated her passion for social cause as well her credentials. They openly admired her accomplishments as lawyer and educator, who completed secondary school in her home district Nawalaparsi made it to Harvard University to pursue her higher education. She has won the cases against discriminatory laws against women.
Almost all Committee members who spoke commended her past works instead of asking questions. One of the members Ayandra Bantawa even congratulated her.
Nepali Congress leader Chitra Lekha wanted Malla to be a "cause judge" as well, while another member Sarita Kumari Pariyar expressed hope she would address the way rape victims are grilled in the court.
NC leader Prakash Saran Mahat and few other leaders asked Malla if she would leave behind her past, who remained a Constituent Assembly member. "I believe in transformative responsibility," she said adding, "I was nominated to contribute as an expert by UML although at that time I was not even the party member."
No lawmaker present in the committee questioned her about her political affiliation. They instead argued she is a deserving candidate for the post.
"We have seen you speaking against the party position not compromising with the values of equality during the constitution writing process," said NC leader Bal Krishna Khand, "But we raised the issue of your political background to debate on the kind of system we want, which you should not mind at all."
Due to her background as former CA member and her position on citizenship issue, she stole the spotlight.
The committee also heard SC Justice nominees Ishwar Prasad Khatiwada, Ananda Mohan Bhattarai, Anil Kumar Sinha and Prakashman Singh Raut. The Committee meeting is scheduled on Sunday.