KATHMANDU: Supreme Court Justice Balaram KC today criticised the move

of the CA committee on judicial system to curtail judicial

independence.

“This is an arbitrary move of the Constituent Assembly at a time when such a judiciary is out of imagination,” KC said. He added that the decision of the Committee, which was tabled in the CA, had curtailed judicial independence at a time when more fundamental rights should be guaranteed. “This is a bid to exercise executive autocracy,” he opined.

Empowering the parliament to interpret the law and the constitution at the cost of judicial review would render the judiciary an administrative body of the state, Justice KC said, stating that the CA move was against the state’s commitment to the international front while signing treaties that require independent, competent and impartial judiciary in a democratic setup.

“It has pushed us back to the 1963 constitution, promulgated by the Panchayat regime,” he remarked. Speaking at a programme organised by Supreme Court Bar Association, KC said the proposed provision to appoint the Chief Justice from outside the judges’ service as well would make the judiciary committed to the executive.

Shambhu Thapa, former NBA president, threatened to launch a stir against the idea. “The lawyers are not the slaves of politicians. The bar practitioners will be ready to burn the constitution if it designs a committed judiciary,” he challenged. “The lawyers fought for judicial independence during the Ranas’ rule, the Panchayat rule and King Gyanendra’s autocracy. We are still ready to fight such ideas,” he added.

Senior advocate and ex-Bar president Harihar Dahal said the lawyers were ready to fight the judicial committee’s decision, which had violated the universally accepted norms of judiciary.

Dr Bhimarjun Acharya, constitutional law expert, claimed that the CA committee’s decision was against the rule of law. He said it had violated the doctrine of separation of power.