Kathmandu, April 1

Nepal Bar Association today warned the government against issuing ordinance to govern the process of forming high courts and appointment of high court judges.

Issuing a press statement, the lawyers’ umbrella body said its serious attention had been drawn to the recent news reports about the government’s preparations to bring an ordinance to govern the process of formation of high courts.

The lawyers umbrella body warned that if the ordinance was issued in the name of implementation of the constitution at a time when questions were being raised within and outside the country about the acceptability of the statute, such an attempt would create conflict between the executive, the Parliament and the judiciary. The NBA said if the political parties, who have framed the constitution, themselves neglected the constitution and the law, then it would be meaningless to expect compliance of the constitution and law by others.

The NBA also said it had opposed the invoking of ‘power to remove difficulties’ clause of the Interim Constitution, which in the name of removing difficulties amended and suspended some of the articles of the Interim Constitution. It urged the government to follow a legitimate process to implement the statute.“The NBA strongly urges the government not to curtail the rights of the bodies established under the constitution in the name of the principle of necessity,” read the NBA statement.