KATHMANDU: It is said politics in the legal fraternity is more complex than the party politics. It is evident as 12,000 lawyers across the country are involved in the Nepal Bar Association polls to be held on January 9.

There are many who liken the NBA polls to a mini referendum on judicial independence, with politicans divided on whether to include a controlled or an independent judiciary in the new constitution.

The lawyers are divided into three major panels — democratic, progressive and revolutionary, linked to the Nepali Congress, the UML and the UCPN-M, respectively. Some fringe groups, like democratic panel dissidents, are also in in the fray. Those who believe in rule of law, justice and promotion of professionalism among lawyers wish that NBA election should uphold these principles despite the looming shadow of party politics.

“I feel that lawyers are more concerned about politics rather than professionalism and rule of law. I urge them to concentrate on independence of judiciary and rule of law,” former Attorney General Sarbagya Ratna Tuladhar said.

“The new executive committee of the NBA should concentrate on upholding democracy and

rule of law and tackling corruption and irregularities in the judiciary,”

he added.

The presence of democratic panel dissidents, led by Matrika Niroula, in the fray, points to the extent of politicking among the lawyers. With the Constituent Assembly busy drafting new constitution, the NBA poll result can have an impact on the kind of constitution CA drafts.

“Since there is a threat to the independence of judiciary and rule of law, the leadership of the NBA should play a major role in the constitution-making process and to protect judicial independence,” former attorney General Yagya Murti Banjade opined. “Whoever gets to head the NBA should concentrate on judicial independence and democracy,” he added.

Irrespective of their political affiliation, the lawyers should concentrate on the rights of the people and provide legal assistance to the poor and hapless. They should help clean the image of judiciary.

NBA General Secretary Raman Kumar Shrestha opined that the new leadership should concentrate on making justice accessible to the common people, as more

than 85 per cent Nepalis do not have access to justice.

Democratic panel

• Headed by Prem Bahadur Khadka

• Backs independent judiciary and separation of powers

• Wants to make judiciary accountable while deciding cases

• Against corruption and delay in dispensing justice

• For providing legal assistance to the poor and needy

• Wants judges appointed from the NBA on the

basis of first priority list

• Against promotion system for judges

• To strengthen mechanism for legal and constitutional

remedy for protecting personal rights

Progressive panel

• Headed by Hari Krishna Karki

• Backs competent and independent judiciary

• For shifting the Supreme Court benches anywhere

in the country to make justice more accessible

for Nepalis in the federal structure

• For providing writ jurisdiction to the district courts as well

• For making Nepal Bar Council a constitutional body

• Advocates the formation of specialised benches

in the apex court.

• Against interference in judiciary by any state organ

in an undue manner

• For promulgating separate act to tackle judicial corruption

• To ensure independent appointment of judges from NBA

Revolutionary panel

• Headed by Ram Nath Mainali

• Advocates independence of judiciary

• Against judiciary committed to a political ideology

• For corruption-free judiciary

• Backs fresh appointment of judges after the new

constitution is promulgated

• Says half the judges should be appointed from NBA

• Backs considering Madhesi, Muslim, Tharu, indigenous groups and women for prestigious judicial posts

• For probing corruption in courts through a

separate mechanism

• For punishing corrupt judges

• For direct appointment of CJ from outside the

serving judges

• For making public the property details of judges