Monday, December 26, 2005

Nepal Bar expresses concerns about selection of Justices

Kathmandu Dec 26-Nepal Bar Association (NBA) has expressed concerns over selection of judges to the vacant seats of Justices at various courts in the country, saying that it would not accept appointment of individuals who have worked against the supremacy of Constitution.

In a statement issued on Monday, the Association said, “NBA will not accept any appointment of people -- who have been defending the government’s act of controlling fundamental rights guaranteed by the Constitution and have expressed their views against the jurisdiction of independent Judiciary-- to the prestigious posts of Justice or judges.”

The Association also warned that Judicial Council, the leadership of the Judiciary, itself would be held solely responsible for any such decision taken to appoint such types of persons in the prestigious posts it was, however, not clear what led the Association to issue such a statement. Meanwhile, sources said the NBA move seems to be aiming at stopping the appointment of lawyers or former government attorneys who have been defending the royal takeover of February 1, this year or the controversial Royal Commission on Corruption Control (RCCC) in the Supreme Courtfor the vacant post of Justices to the apex court.

According to the Constitution of the Kingdom of Nepal, 1990, His Majesty appoints Justices and Judges to the Supreme Court and Lower Courts upon the recommendation of a five-member Judicial Council headed by Chief Justice. Other members of the Council include two seniormost Justices at the Supreme Court, Minister for Law, Justice and Parliamentary affairs and a member appointed by His Majesty.

The NBA that is in the forefront of defending fundamental rights of the people has called the royal takeover as “unconstitutional” and has urged His Majesty King Gyanendra to give up the chairmanship of the Council of Ministers.

No comments: