Mixed reactions on bench-bar agreement

Kathmandu , Nov 17- Constitutional experts former justices and lawyers and civil society members were on Wednesday divided over Tuesday's agreement between the Supreme Court and Nepal Bar Association (NBA) and the subsequent withdrawal of NBA's proposed nationwide boycott of the court scheduled for Wednesday.

Speaking at Reporters' Club Nepal, NBA General Secretary Madhav Baskota, senior advocates Harihar Dahal, Bishwokanta Mainali and legal expert Dr Surya Dhungel appreciated the agreement, adding that it would increase mutual trust between the bar and the bench and consolidate independent judiciary.

They also claimed it was a farsighted decision to maintain cordial relations between the two indispensable parts of the judiciary.

"The NBA has not been stepping back from its previous stance of keeping the constitution alive for the sake of fundamental rights. We have not given up our commitment to protect public interest litigation," Baskota said.

Dr Dhungel said that while the nation was been run under extra-constitutional process under Articles 72 and 127 of the constitution, the Supreme Court should have issued an interim order on the controversial media ordinance by at least maintaining status quo ante.

But former justice Laxman Prasad Aryal declined to give a clear comment in this regard, saying that he would "wait and see the condition" of the impact of the agreement.

However, former chief justice Mohan Prasad Sharma and member of civil society Dr Sundar Mani Dixit expressed disappointment over the agreement, saying it would not safeguard the prime concern of public interest.

Sharma said that as civil liberty rights -- right to information, freedom of expression and independent media -- were safeguarded by the constitution, the Supreme Court should have issued an interim order considering past precedents and gravity of an ordinance that curbs civil rights.

Criticizing NBA's decision, Dr Dixit said that NBA "deceived" the people by taking a "wrong decision" and stepped back from its previous stance.

"The NBA reached agreement with the bench for the sake of its own interest, and strangled public interest," he said.