KATHMANDU, FEBRUARY 28
Nepal Bar Association has issued a declaration at its 47th Executive Committee meeting opposing the appointments recently made in 11 constitutional bodies bypassing parliamentary hearings.
Issuing the NBA's 47th Executive Committee meet declaration, the lawyers' umbrella body said that Article 292 of the constitution provisioned mandatory parliamentary hearing for all constitutional post nominees, and it was the main spirit of separation of powers. "This council opposes the recent appointments made in constitutional bodies bypassing parliamentary hearings," the NBA said.
The NBA urged the government not to issue any ordinance without any justification for it.
The NBA said Article 114 of the constitution stipulated that the government could issue an ordinance when there was no session of the Parliament and when there was urgent need to do something. Rumour is rife that Prime Minister KP Sharma Oli might bring an ordinance to split the ruling Nepal Communist Party, and lower the percentage of members in the party's Central Committee and parliamentary Party. At present, dissidents need to muster support of 40 per cent members both in the Parliamentary Party and Central Committee.
The NBA hoped that in the context of the Supreme Court's verdict reinstating the HoR, political parties would join hands and show constitutional morality to give an outlet to the country and maintain political stability.
The NBA also said the government had mocked the rule of law by repeatedly arresting some people from the court premises after the courts ordered the release of those people from police custody. Recently, the government rearrested some Nitra Bikram Chand-led party cadres from the SC premises after the court ordered their release.
The NBA urged the Judicial Council not to appoint any judges until a committee formed under Supreme Court Justice Hari Krishna Karki submitted its report.
The lawyers' umbrella body said the controversy surrounding the appointment of judges in the recent past had raised the question of their efficiency.
It asked the Judicial Council to appoint judges in a transparent manner and only after consulting the NBA.
A version of this article appears in the print on March 1, 2021, of The Himalayan Times.