Nepal | January 20, 2020

Unauthorised body should not scrutinise SC’s ruling: CJ Rana

Himalayan News Service

Kathmandu, September 27

Chief Justice Cholendra Shumsher JB Rana today said verdicts and orders passed by independent, impartial and competent judiciary could be scrutinised only by the competent authority as per the rules. He said this at an interaction organised in the Supreme Court before the  start of Dashain vacation.

“Scrutinising judicial verdicts and orders by unauthorised bodies was against the principle, concept and norms of independence of the judiciary,” said CJ Rana.

He said, “Scrutinising verdicts and orders of the Supreme Court by unauthorised bodies can raise question against the credibility of the judiciary. Such acts cannot aid the provision of the constitution that envisions independent and competent judiciary. I do not think it is necessary to speak more on this issue in this gathering of educated persons.”

Rana’s remarks came at a time when some lawmakers, particularly those from the ruling Nepal Communist Party (NCP), have been raising the issue of scrutinising the SC’s recently passed verdicts in Ncell case, involving the question of  capital gains tax. Some lawmakers have said that the government lost billions of rupees due to the court’s verdict. CJ Rana said constitutionalism, democracy, the rule of law and human rights could be protected only if the independence of judiciary was ensured.

“Just making a mention of judicial independence in the constitution and laws cannot ensure judicial independence. It can be ensured only when all stakeholders adhere to the principle of independence of judiciary,” Rana said.


A version of this article appears in print on September 28, 2019 of The Himalayan Times.

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