Editorial
Withdrawing 'political' cases
It looks more like "Rule of Convenience" rather than rule of law
A process has been underway since Feb of what the government terms as review of 'politically motivated' cases which has given rise to questions regarding the manner in which the whole exercise has been undertaken.
A high powered 10-member committee at the apex, with a four-member central subcommittee, both dominated by Home and Law ministers and their officials together with six-member district committees headed by district magistrates form the structure for the review operations from the recommendatory phase to the withdrawal stage. The focus has been exclusively on the cases filed during the 4-Party Alliance and the CTG government. The fact that all of the 174 cases the committee has recommended so far for withdrawal relate to AL leaders, reinforces the impression about the process itself being politically motivated and tainted.
We are aware of the interminable practice of governments filing false or politically motivated cases against their opponents. But that doesn't mean that a successor government taking advantage of it will dismiss cases in a blanket fashion; for, if they did so, the real criminals badly needing to be brought to justice will slip through the cracks. Looking at the Mahajote government's review initiative we can hardly be convinced that such concerns have been adequately addressed.
As it is, withdrawal of cases by an executive fiat is inconsistent with the judicial process and impinges upon the very rule of law that the government says it is trying to uphold. It means bypassing the judiciary not to speak of blurring the role of the two organs of the state. Can the executive really arrogate to itself the task of the judiciary without giving the impression that the exercise is merely to circumvent the legal process? It amounts to turning the rule of law on its head and helps only in sapping public confidence in both the executive and judiciary.
It is best to let the process of law run its course and these cases be settled in the court, since that would discount any possibility of these cases being revived at a later date or by the next government which we have seen being done in the past.
Living up to the true norms of rule of law rather bending it expediently is the true measure of respect for law.
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