"constitusanal appointed" CJ brushes aside controversy


Kathmandu, Aug 2 - Newly appointed Chief Justice Dilip Kumar Poudel has defended his appointment as being constitutional, arguing that the constitution has not been amended to facilitate his appointment, as claimed by some constitutional experts.
Besides, he has also promised to give greater role to the Judicial Council to tackle corruption that has mired the judiciary.
"My appointment has been made as per the Constitution of Nepal. If anyone argues that it is an amendment in the constitution, can it be really amendment? Can the constitution be amended?", Poudel fumed.
His remarks have come at a time when constitutional experts are questioning the constitutionality of the process of his appointment. The king invoked Article 127 to decree that outgoing chief justice Hari Prasad Sharma call and head the Constitutional Council, an authority bestowed on a sitting prime minister by the constitution, that recommended the name of Poudel to the king. Lawyers argue that the royal executive decree amended the constitution by delegating the power of a sitting prime minister to the chief justice.
The King appointed him to the post on Saturday as per the recommendation of the CC. The king administered the oath of office and secrecy to Poudel at the Royal Palace Monday morning.
Replying to queries of journalists in his maiden press conference at his secretariat after he assumed the top judicial post, Monday afternoon, CJ Poudel stressed on implementation of the Five Year Strategic Plan of the Judiciary.
Asked about settling the review petition seeking restoration of the dissolved House of Representatives, he said that all cases would be heard in due process defined by the existing laws.
Poudel has assumed the post at a time when the independence of the judiciary is in question, especially due to delays in dealing with cases against the controversial Royal Commission for Corruption Control (RCCC), issues related to news ban on FM, mobile phone operation and contempt of court cases against vice-chairmen Dr Tulsi Giri and Kirti Nidhi Bista, and Home Minister Dan Bahadur Shahi.