KATHMANDU, APRIL 13
The Nepal Bar Association submitted a memorandum to Prime Minister Pushpa Kamal Dahal urging him to take the initiative to appoint the chief justice and other judges in other courts where the posts are lying vacant, as soon as possible.
Senior most Supreme Court Justice Hari Krishna Karki has been serving in the capacity of Acting CJ for the last 14 months.
The NBA said people's faith in the judiciary had eroded due to non-appointment of CJ for long.
Senior Advocate Purna Man Shakya, who was among the NBA delegates, informed THT that they told the PM delay in appointment of CJ had adversely impacted the independence of the judiciary.
"An Acting CJ will remain vulnerable because he/she cannot shoulder responsibility with full confidence,"
Shakya said, "The government has done certain things overnight by bringing ordinance and now when it has to appoint the CJ, it is making the pretext of a law being considered by the Parliament."
Shakya said political parties and the government should not take decisions regarding the judiciary on the basis of what decisions the judiciary delivered in which cases.
"Sometimes court verdicts may be good for one party and other times verdicts may not be good for the same party, so the parties and governments should not view the judiciary on the basis of its verdicts," Shakya said.
NBA General Secretary Anjita Khanal said that the PM had assured the NBA team he would make efforts to get the Constitutional Council Bill passed by April 16 and call a meeting of the Constitutional Council by April 18. If his effort fail to accomplish his objectives due to others' obstruction, he will tell the public about it. The PM said a party that has representation in the Constitutional Council has been keeping mum on the appointment of the CJ.
Former Justice Balaram KC said that political parties did not care about the judiciary. It appears that the parties either want government judges or no judges at all, KC said and added that the CPN-UML which was supposed to raise voice against delay in the appointment of the CJ, was not speaking as it was licking its wounds over the two SC verdicts on the dissolution of the House of Representatives. He said there was no need to have the Constitutional Council. KC also said that Nepal's judiciary witnessed ups and downs and a press release issued by the Judge's Society ahead of presidential election saying there was no legal bar for a former CJ to contest presidential election was bad. Had a former CJ been elected president, other former CJs would have made a beeline before political leaders seeking appointment as governors, vice-chancellors of universities and Upper House members.
A version of this article appears in the print on April 14, 2023, of The Himalayan Times.