KATHMANDU, JULY 31
The National Human Rights Commission has issued a press release urging the government to move ahead the process of appointing the new chief justice and filling judges' vacancies in different courts.
Issuing a press release here today, the rights body said that its serious attention had been drawn to the current delay seen in the appointment of judges, including the appointment of chief justice.
Incumbent Chief Justice Hari Krishna Karki will retire from service on August 5.
The NHRC said delivery of justice was being adversely impacted due to vacant posts of judges in the Suprme Court and high courts. Six vacancies for the post of judge remains at the SC, 47 in high courts, and 37 in district courts. The post of chief justice has remained vacant for a long time and again the same situation has arisen, NHRC said in its release.
Stating that citizens are entitled to timely justice, which is also in keeping with the spirit of human rights, rule of law and democracy, the NHRC said it is the state's responsibility to ensure that people get justice from independent, impartial and competent judiciary in a speedy manner. Not filling the vacancy for judges on time adversely affects enjoyment of rights, the NHRC said.
The rights body reminded the government of domestic and international laws that ensure people's right to get justice on time from independent and competent judiciary. It saidArticle 284 (3) mandated the Constitutional Council to recommend the chief justice nominee one month before the end of the incumbent chief justice's tenure. It also reminded that UN Principles on Independence of the Judiciary stated that citizens had the right to get fair hearing from an independent and competent judiciary.
Bangalore Declaration on judicial conduct and Article 17 of International Covenant on Civil and Political Rights ensured that there should not be unfair delay in the judicial process.
Article 7 and 9 of the Universal Declaration of Human Rights stipulated that the people had the right to equal protection of law and right to get remedy. As the state has not paid attention to these legal provisions, thousands of complaints lodged at the courts remain pending, NHRC said.
Senior Advocate Chandra Kanta Gyawali said it was a matter of serious concern that the Constitutional Council comprising the prime minister, speaker, deputy speaker, chair of the National Assembly, and the leader of Opposition was not honouring the constitutional provision that required the CC to recommend the new CJ, chiefs and office bearers of constitutional bodies one month before the end of the tenure of the incumbent CJ and other office bearers.
He said lawmakers should raise this issue of constitutional morality.
"How can the rule of law be ensured if a constitutional body like the Constitutional Council itself does not adhere to the constitutional provision?" He wondered.
A version of this article appears in the print on August 1, 2023, of The Himalayan Times.
