NBA boycotts CJ Sharma Kathmandu, June 4- Nepal Bar Association boycotted Chief Justice Hari Prasad Sharma while inviting Supreme Court justices to attend the national conference of its councilors. An infuriated Sharma took revenge by issuing a whip to all apex court justices to abstain from the conference, according to a court source. Following the whip, no justice from the Supreme Court attended the conference. But Dr Ram Krishna Timalsena, acting registrar and spokesperson of the court, however, denied that such a whip was issued. Timalsena attended the program. According to a NBA member, NBA, which has been demanding Sharma's resignation for the latter's political stance at an international forum in March, decided not to invite the chief justice deliberately.A national conference of over 600 lawyers, expressed serious concern over the eroding supremacy of the constitution, rule of law and the independence of the judiciary in Nepal in the post-February 1 period. The gathering also condemned the crackdown on independent media and curb on civil liberties. "Article 127 has been misused to curtail human rights, to destroy the constitution, and to derail the democratic and political process in the country," Senior Advocate Basanta Ram Bhandari said. Presenting an evaluation of the king's direct rule, advocate and former lawmaker, Subash Nembwang said, "Rule of decrees has replaced rule of law and autocracy has taken the place of the supremacy of the constitution." Nembwang asked, "If one terms this type of regime as rule of law, what then is the rule of the jungle?" Most lawyers who addressed the gathering lambasted the February 1 move, formation of the Royal Commission for Corruption Control and its functioning, violation of Supreme Court orders, arbitrary arrests, and rejection of writ petitions of public interest by the Supreme Court administration, among others. "Does the king assume legislative power to formulate laws according to this Constitution? Can the king and the Attorney General enact laws in absence of the parliament? I request the Attorney General to tell what is in the constitution to the king? Nepal Bar Association (NBA) President Shambhu Thapa argued. Attorney General Pawan Kumar Ojha was present at the gathering. Referring to the King's assumption of absolute power, Thapa said, "If the king likes to be a prime minister, I urge him to form a new political party and solicit the mandate of the people." Mocking the appointments of former administrator and army general in the RCCC, Thapa further sharpened his criticism and said, " Since the king has been doing anything he wishes by invoking Article 127, I urged him to appoint former army majors at the Supreme Court". Ojha, however, said "There is gap between national capacity and the democracy we have, which has caused problems. Our democracy faced this fate as we could not wear the coat of our size." "If one gives political color to our movement for the supremacy of the Constitution, rule of law and independence of the judiciary, let them do so. We will launch this type of movement come whatever may," former NBA President Harihar Dahal said. SC asks for documents on the Communication Corner case Kathmandu June 4-The Supreme Court on Friday has asked the government to present the letter said to have been written to the Ministry of Information and Communications (MoIC) asking it to close down the operations of a private radio programme production company.In a letter written to Communications Corner Pvt. Ltd.—a leading private company that produces and distributes radio programmes to over a dozen FM radio stations across the country—last Friday, the MoIC asked the Company to close down without citing any law."We have been informed in writing that your company is being operated illegally. Hence, you are asked to close down your operations," the Ministry said. It did not specify which agency had informed it about the company.Interestingly, the Ministry sent the copy of its letter addressed to the Communications Corner Pvt. Ltd. to the Ministry of Defense and District Administration Office, Lalitpur asking them to take necessary action (against the Company).A division bench comprising justices Ram Prasad Shrestha and Badri Kumar Basnet asked the government to produce the said letter to the apex court on Tuesday. Pleading on behalf of the Communications Corner, over half a dozen senior lawyers argued that closing down the company without any valid reason would be against the very notion of rule of law.The apex court is expected to decide whether to issue stay order or not on the case on Tuesday. RCCC written replies to SC Kathmandu, June 2-The Royal Commission for Corruption Control has told the Supreme Court that it is working as a trial court with special court powers.Submitting written replies before the apex court individually and collectively, chairman of the RCCC Bhakta Bahadur Koirala and its members Shambhu Prasad Khanal, Hari Babu Chaudhari, Raghuchandra Bir Singh, Prem Bahadur Khati and secretary Shambhu Bahadur Khadka claimed the RCCC is a court of law constituted by the monarch and has has the right to investigate corruption cases.Their written replies came in connection with a contempt of court case filed by advocates Madhav Kumar Basnet and Sudip Paudel, challenging the action taken by RCCC against Deuba and ministers of the dismissed cabinet regarding the PM’s relief fund misuse case which they claimed was subjudice when the RCCC interfered.Same as, the Supreme Court Bar Association Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. NBA has already declared the formation of RCCC as "unconstitutional." SC issued show cause order Kathmandu, June 2 - The Supreme Court on Wednesday, ordered the government to furnish written reply regarding its closure order to Communication Corner (CC) Pvt Ltd, an independent producer and distributor of radio programs, to a network of commercial and community radios across the country. According to the order, the defendants - Ministry of Information and Communications, Ministry of Defense, and Lalitpur District Administration Office are required to furnish their replies within 15 days. Similarly, the court ordered the defendants to be present before the court on June 3 (Friday) to discuss why a stay order should not be issued against the government order to the radio program company. Last Friday, Ministry of Information and Communication, ordered CC to close down the office, alleging that the company is "being run illegally", a move that prompted the company's Managing Director Gopal Guragain to move the apex court over the legality of the order. Justice Khil Raj Regmi passed the order following pleas by 13 lawyers including Senior Advocates Basu Dev Dhungana, Radhe Shyam Adhikari, Shree Hari Aryal, Sindhu Nath Pyakurel, advocates Shambhu Thapa, Harihar Dahal, Subash Nemwang and Agni Kharel. Supreme Court bar asks lawyers to boycott RCCC Kathmandu, june 1 -A meeting of SCBA working committee, took a decision to this effect on Tuesday that Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", the Supreme Court Bar Association (SCBA) has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. The decision has come at a time when lawyers, civil society and political parties have been questioning the constitutionality and legality of RCCC, whichwas first formed during the state of emergency post-February 1. "The SCBA, since its inception, has seen it as detrimental to the prestige and honor of its members, who have been raising their voice for rule of law and human rights, to take part in pleadings before an entity already declared unconstitutional by SCBA itself," the SCBA said in a statement. The SCBA said this was against the inherent sprit and principles of the constitution, and laws relating to justice administration in the country.ormed a seven-party alliance to restore democracy and civil liberties. The statement signed by SCBA Secretary Indra Lohani further said, "We plead to all our members to boycott the so-called anti-graft commission." Nepal Bar Association (NBA) President Shambhu Thapa welcomed the decision and said, "I fully support the SCBA decision." NBA has already declared the formation of RCCC as "unconstitutional." According to the SCBA statement, the formation of RCCC is against Articles 84 and 85 of the Constitution. According to Article 84, powers relating to justice in the country shall be exercised by courts and other judicial institutions, in accordance with the provisions of this constitution, the laws and the recognized principles of justice. Similarly, Article 85 says that courts shall consist of three tiers - Supreme Court, Appellate Court and District Court. Besides, the Article has provision for establishment of special types of courts or tribunals for the purpose of hearing special cases, provided that no special court or tribunal shall be constituted for the purpose of hearing a particular case.