NBA slams SC’s argument about internal mgmt

Kathmandu, June 13

Nepal Bar Association today issued a press release saying its serious attention has been drawn to media reports about hearings on certain writ petitions and the press release issued by the Supreme Court.

The Supreme Court on Friday had objected to some top politicians’ comments on the prioritisation of pending cases for hearing.

The court’s statement was apparently in response to Nepali Congress President Sher Bahadur Deuba, who a few days ago, had reportedly criticised the apex court for postponing hearing on a case against the nomination of 11 SC justices time and again.

The SC had said in its release that prioritisation of cases for hearing was decided on the basis of facts and nature of the case and it was solely an internal management issue of the judiciary.

The NBA said that maintaining the dignity of the judiciary had always been its first agenda and it would remain so in the future.

Nobody should make any comments in a way that could infringe upon the dignity of the judiciary, the NBA said. The court, the NBA added, should also try to resolve its internal management issues when such questions are raised, rather than issue a hurried statement targeting any political party or leader.

“Verdicts of the court are binding, but the argument that nobody should   raise question on the internal process and methods of the court is against the norms of accountable governance and freedom of expression,” the NBA said in its release.

In today’s civilised society, it added, process and method cannot be anybody’s internal affairs. “Such things are matters of concern for all,” the release read.

The lawyers’ umbrella body said it was natural to raise question in the court about the implementation of the constitution.

The NBA also said in the release that the Supreme Court should not interpret comments about the formation of high courts, comments about Judicial Council not being complete, questioning of the decision taken by the JC without having the nominee of NBA in the JC.

“It is the duty of the judiciary to settle constitutional disputes by conducting full hearing of the case where both parties have chance to present their arguments,” the NBA said in its release.

The NBA also said that its serious attention was drawn to news reports about Acting Chief Justice Sushila Karki shortening her foreign tour and returning to Nepal due to filing of a particular case at the Supreme Court.

The NBA said as none of the concerned bodies had clarified on this controversy, it had adversely impacted the image of the judiciary. “The NBA assures everybody that all the judges working at the Supreme Court are capable of adjudicating cases and they are impartial.