The Himalayan Times

Kathmandu

Conference of govt attorneys concludes

Conference of govt attorneys concludes

By Himalayan News Service

Kathmandu, December 25 A three-day conference of government attorneys ended in Kathmandu today issuing a 30- point declaration that says the Office of Attorney General should have a final call on indictment in cases where the government is the plaintiff, unless otherwise provisioned in the constitution. The conference also said all the state organs should be mandated to seek legal advice from the government attorneys. The government attorneys said in their declaration that they should not be blamed for weak defence in case the charge sheet was filed by other government bodies. The conference also urged the government to manage at least one government attorney for 200 government cases and appoint one principal government attorney in all provinces. Government attorneys said they were not in favour of defending any government case that violated the principle of fair hearing, the rule of law, accepted norms and principle of law and justice, human rights, individual liberty, public interests, morality and good conduct, inclusion and principle of easy access to justice. They also said that in government cases, it would be their right not to defend the government if the concerned body declined to provide them with any document that they needed to defend the case. Government attorneys also said they would not represent the government case if the government bodies hired private lawyers without the consent of the attorney general. They also said they were not in favour of defending the government if the government’s decision was against public interests. The government attorneys also urged the Parliament to immediately pass civil and criminal code bills. The conference demanded formation of a special court to settle conflict-era cases. Addressing the concluding ceremony, Vice President Nand Bahadur Pun said government attorneys should make efforts to ensure effective implementation of criminal laws. Attorney General Raman Kumar Shrestha said discriminatory approach towards subordinate staff was also a kind of corruption and he would not allow such acts in his office. Shrestha said the tendency of sending favourite government attorneys to attractive places and others to remote places should end. Justice Baidhyanath Upadhyay said there should be checks and balances mechanism at the police offices to screen false cases and if they could do that as it would help lessen the number of cases in the court. Minister for Law, Justice and Parliamentary Affairs Ajay Shankar Nayak said government attorneys should not rely on traditional methods to investigate crimes and file charge sheets. This is the first time government attorneys organised a national conference to discuss issues that concerned them.