Himalayan News Service

Kathmandu, May 9:

A day after Chief Justice Hari Prasad Sharma announced his commitment to keep the Supreme Court independent, legal experts today expressed serious doubts over the apex court’s independence at present.

How can Supreme Court be independent when it is not examining constitutional cases, they argued.

Nepal Bar Association’s ex-president, Harihar Dahal, said he is seriously concerned over Supreme Court’s independence as it is repeatedly refraining from examining vital constitutional issues.

Dahal was speaking at a programme on ‘Independent Judiciary and Rule of Law’ organised by Supreme Court Bar Association to mark the Law Day today.

“The Supreme Court administration is busy allocating constitutional cases for examination through its rejection order,” said Dahal.

According to him, the rejection order to call the Upper House of Parliament and to examine the constitutionality of Royal Commission on Corruption Control reveals the apex court’s stance.

“The Supreme Court is hesitating to examine constitutional cases, therefore, serious question arises with regard to its independence,” he added.

Upper House member and senior advocate, Radheshyam Adhikary, said the apex court is not able to protect the Constitution at a time when the King is going beyond the Constitution. He said that powerful people always want to break the law which is why the Nepal Bar Association and intellectuals are fighting for the judiciary’s independence,” he added.

Retired Supreme Court justice, Laxman Prasad Aryal, urged the apex court to work effectively to protect people’s rights. “The apex court is meant for the protection of people’s rights, therefore, it should work properly by interpreting the Constitution,” he claimed.

Nepal Bar Association president, Shambhu Thapa, said the rule of law and the constitution is at a zero-level at present. “Otherwise why aren’t the rights of people being restored even after the lifting of Emergency?” he questioned.

“The Supreme Court can’t be independent unless it works freely to examine constitutional issues,” he added.

Former Attorney General, Badri Bahadur Karki, said there is no rule of law in the country at present.

“Since we have to debate constitutional provisions with the army instead of the justices, it shows where the rule of law stands at present,” he added.