OAG reform: AG to chart out major reform plan

KATHMANDU, March 28 -- The Office of the Attorney General (OAG) is announcing a first-of-its-kind package programme of reforms to "completely overhaul" the OAG and do away with ills in the current criminal justice system. The programme is expected to ward off, among other things, the uncalled-for political influence in prosecution, by setting up fixed standards for withdrawal or lodging of cases.

Attorney General Yuba Raj Sangraula told the Post that his office is introducing a "strategy paper" that spells out a framework for total reform and empowerment of the OAG in the next five years.

The OAG strategy paper likely to be made public on Tuesday charts out an action plan for promoting the rule of law, reforming the criminal justice system, systematising the OAG's advisory role to the government, capacity building of prosecutors, coordination between the police and government attorneys and strengthening of government attorney's offices in the districts.

The OAG strategy is also expected to preempt the situation where important decisions of the government are questioned or overturned by the judiciary. Focusing on this problem, the OAG paper plans to permanently depute government attorneys to the Prime Minister's Office (PMO) and all ministries so that each of the decisions that the government bodies make are in line with the constitution and national and international laws. OAG officials say there is a serious lack of coordination between the ministries and the OAG, often leading to loss of time and energy, especially when government decisions are challenged or scrapped due to legal loopholes.

"We have prepared the strategy paper with a vision to upgrade Nepal's criminal justice system to the international level," Sangraula said. "If the government supports us, the reforms will significantly improve the performance of the Office of the Attorney General." The OAG proposes to develop better infrastructure to modernize prosecution, retain and execute the constitutional mandate of the OAG, professionalize attorneys and improve coordination between OAG and police.

The paper proposes additional facilities for government attorneys, such as overtime work payment, library, internet and other logistical support. "He (AG) has vowed to resign if he fails to bring in tangible changes within 60 days of assuming office," said an OAG official. It's been 40 days since Sangraula was sworn in by the president on Feb. 17.

A report of the OAG says a number of problems- such as obsolete laws, lack of training for government attorneys and others-have contributed to low success rate of government cases. The government on an average has been losing one-third of the total cases it has filed.

Published by HT Syndication with permission from EKantipur.com.

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