Saturday, November 12, 2005


Bar to boycott bench.Question rised about CJ

Kathmandu,Nov 12-An emergency meeting of the Nepal Bar Association strongly condemned the judgment and accused the court of failing to protect the Constitution and the rights of the people.Disappointed and shocked from Friday’s verdict of the apex court, a number of professional organisations as well as human rights groups have expressed dissatisfaction and criticised the Supreme Court verdict refusing to block what they call ‘draconian’ media law introduced by the royal government last month.

For the second time since the restoration of democracy in the country in 1990, Nepal Bar Association (NBA) the professional body that represents practicing lawyers across the country said it would boycott court proceedings across the country on Wednesday (Nov. 16). Before, In the former Chief justice Mohan prasad Shrama's term also NBA had announced same process . but in the last hour NBA had withdraws that program after several meeting with justices .

“Chief Justice Paudel and the Justices on the bench have to take responsibility of any kind of consequences arising out of the ruling,” reads a press release issued by the NBA.The Association has also decided to stage sit-in protests at the premises of the Supreme Court for one hour Sunday afternoon.The lawyers’ body said the judgment has seriously raised questions regarding the independence of the Supreme Court. The Supreme Court Bar Association and other Bar units in Kathmandu Valley also announced a protest programme of wearing black bands on Sunday from 1 to 2 PM on the Supreme Court premises.

“NBA concludes that the apex court’s decision of not issuing interim order over writs against media ordinance has seriously hurt the constitutionally guaranteed fundamental rights related to the freedom of expression,” said a statement issued by the Nepal Bar Association on Friday. The Association said the court’s decision has seriously hampered the image of the independent judiciary. “Since the chief justice and the seniormost justice didn’t protect the independent judiciary and constitutional supremacy, they will have to bear the responsibility,” the statement added.

Talking to reporters immediately after the court verdict, chairman of Nepal Bar Association termed the court verdict as ‘unfortunate.’ Earlier, wrapping up his presentation at the Supreme Court, Thapa had said, “If the apex court fails to issue an interim order, it will convey the message that there is no rule of law in the country.”Now the question began to rise about appointment process of chief justice . that was unconstitutional too told many angry lawyers. He is became honesty with the king to protect his post the and that there is no independent judiciary more said critic .

In a statement issued on Friday, Federation of Nepalese Journalists (FNJ)—umbrella body of professional journalists across the country—said the court’s verdict has seriously hurt the media’s faith upon independent judiciary. “None of the autocrats or their accomplices can control people’s fundamental rights,” said the Federation. It said it will launch strong protest programmes across the country to protect press freedom and freedom of expression in the country.

Save Impendent Radio Movement, Freedom Forum, among others, have also expressed dismay at the court’s verdict. In a statement, Center for Human Rights and Democratic Studies—a Kathmandu-based press freedom monitoring group—expressed fear that there could be fresh crackdown upon Nepali media by the government in the aftermath of the latest court verdict. “It is but unfortunate that the media community, including F. M. radio operators, are now forced to voice their grievances in the streets of the country as the court refused to entertain their legitimate concern,” the group said.

A three-member special bench of the Supreme Court, comprising Chief Justice Dilip Kumar Poudel and Justices on Friday (Nov. 11) refused to issue interim order to the government asking it not to implement the controversial media law as demanded by nine professional bodies including the Federation of Nepalese Journalists (FNJ).

The court, however, asked that priority be given to the hearings of the case given the gravity of the issue

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