Tuesday, January 03, 2006

NBA protests against appointment .

Kathmandu Jan 3- Nepal Bar Association (NBA) has expressed serious dissatisfaction over the recent appointment of the four ad-hoc justices at the Supreme Court and demanded resignation of Chief Justice (CJ) Dilip Kumar Poudel and one of the appointees Pawan Kumar Ojha. Nepal Bar Association (NBA), an umbrella organization of the professional lawyers, In a statement issued on Monday, said Chief Justice Poudel and Justice Ojha, should not remain in their posts.

A statement issued by the NBA on Monday after the central committee meeting ."Since the honorable Chief Justice has been unable to protect the rights of the Nepali people under the Constitution of Nepal 1990, it is our conclusion that both (Poudel and Ojha) should no longer remain in their posts," the statement said.

Ojha, as attorney general, had staunchly defended the controversial Royal Commission for Corruption Control, the royal ant-graft body, and argued that actions of the monarch are beyond the court's jurisdiction.He said that all the orders issued by the king are constitutional, since he is a devotee of Hindu religion and the constitution has given him special responsibility, while pleading on behalf the government in the controversial Royal Commission for Corruption Control (RCCC).

Ojha also said that the apex court in Pakistan had passed a verdict in favor of President Pervez Musharraf in the latter's bid to amend the constitution and asked the Supreme Court to pass a similar verdict in a case of RCCC.

NBA has also sought clarification on why two senior most judges of the Appellate Courts Krishna Prasad Upadhaya and Dipendra Upadhaya were not appointed justices at the Supreme Court.
NBA has also warned to protest against the non-transparent appointments based on ‘secret nexus’ in the future as well. The NBA also asked all its units to enforce its decision and called for a nationwide protest meeting on Friday.

Chief Justice Dilip Kumar Poudel, with the consent of King Gyanendra, appointed Ojha, Tahir Ali Ansari, Rajendra Prasad Koirala and Bipulendra Chakravarti as Justices of the SC.

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