NBA opposes judge’s arrest
NBA opposes judge’s arrest
Published: 12:00 am Mar 25, 2005
Himalayan News Service
Kathmandu, March 24:
Opposing the action taken by the Corruption Control Royal Commission (CCRC) against Pyuthan District Court judge Birendra Kumar Karna, the Nepal Bar Association (NBA) said in a press release issued today that only the Judicial Council has the right to take action against a judge. Judge Karna was arrested yesterday on the charge of taking bribe. “Only the Judicial Council (JC) has the right to initiate action against a judge,” the press release issued by NBA chief Shambhu Thapa and general secretary Madhav Banskota said, urging it to interfere on the matter. The Nepal Bar Association claimed that such an action would have a negative bearing on the competency and independence of the judiciary.
“The Constitution should not be violated while taking action against anyone,” the statement said, adding that the doctrine of separation of powers and check and balance should be followed while initiating action. The NBA also urged the Chief Justice and other members of the JC to explain whether the CCRC move was an interference on the independence of the judiciary. The association also urged the Judicial Council to investigate and make public the “entire episode played in the Pyuthan Court yesterday”. “Strong action should be taken against the accused,” the NBA said, adding that it would investigate the matter separately. Meanwhile, an official of the Royal commission said that the judge would be interrogated on Monday. The commission also interrogated Dilip Rai, a receiver of Dashain allowance. He was released after submitting Rs 325,000.