Kathmandu. The corona pandemic has brought different problems around the globe besides the health crisis. Societies have seen changes never seen before and countries are gripped with the fear of economic meltdowns. While the world is dealing with the complications created by COVID-19, Nepal has its own share of trouble brought by the disease: a tussle between the executive and the judiciary.

The Supreme Court (SC) of Nepal has either stayed or repealed the decisions of the government. The government, on the other hand, has gone against the Supreme Court’s decisions and implemented some of its own decisions. The disharmony between the judiciary and the government started with the issue of tax collection and now the two organs of state have disagreement over the free treatment of the COVID-19 patients.

Some months ago, a writ had been filed against the Inland Revenue Department’s notice regarding the payment of tax by June 21 and 29. In response to the writ petition, the Supreme Court issued an interim order to the Inland Revenue Department not to implement its decision but to make a provision to collect tax within 30 days of the termination of lockdown.

The then Finance Minister Yubaraj Khatiwada complained that it was difficult to meet the daily expenditure of the government. To ease the tax collection process, the government had to end the lockdown on July 21.

After the tax collection case, the COVID-19 treatment for all has become a contentious issue between the executive and the judiciary. Issuing a mandamus on the petition filed by advocates Lokendra Oli and others, the SC had ordered the government to provide free COVID-19 test and treatment to all in government hospitals, but the government went against the SC verdict and decided to provide free treatment to a specific category of corona infected people only.

After the government implemented its decision on November 18, advocates Lokendra Oli and Keshar Jung KC registered the case of contempt of court against Health Minister Bhanubhakta Dhakal, accusing him of violating the Apex Court’s order. The SC has issued a show-cause notice and asked Minister Dhakal as to why he should not be punished for violating its order.

Meanwhile, the Supreme Court had dismissed the government’s appeal to review the order regarding free test and treatment of COVID-19 and secretary of the Ministry of Health Affairs has informed the Parliamentary Committee that since the decision to not conduct free COVI-19 health treatment has been made by the Cabinet, the Cabinet has to reverse its decision and make a new decision regarding free COVID-10 treatment for all, then only it can be implemented.

Former Attorney General Sushil Kumar Panta, who has been watching the whole development closely, says, “It’s so saddening having to watch people who lack resources seeking treatment. We have democracy, but it seems to be for the politicians not the people. I just wish these concerned people had a bit more wisdom!”