Army court to be under SC: Thapa

The military court is to come within the purview of the Supreme Court (SC) under the interim constitution, said a member of the constitution drafting committee on Tuesday.

"No entity, including the military court, would be above the Supreme Court [once the interim constitution is promulgated]," said Shambhu Thapa, a member of the Interim Constitution Drafting Committee.

The provision, if included in the proposed interim constitution, would change the existing relationship between civil courts and the military. Under the 1990 constitution, the Supreme Court cannot review verdicts handed down by a military court in cases related to a military person. Decisions of the military court have been questioned many times.

Addressing a gathering of lawyers in the premises of Patan Appellate Court after Speaker Subash Nembang inaugurated the newly-constructed office building of the NBA Patan Appellate Court Branch, Thapa assured that the independence of the judiciary would be ensured in the interim constitution.

On the occassion, senior Supreme Court Justice Anup Raj Sharma underlined the need for change in the judiciary. "Though a big change has come about in the country, this has not been seen in the judiciary. A sea-change should be ushered into the judiciary as well," said Sharma.

Earlier, NBA General Secretary Madhav Banskota asked the Interim Constitution Drafting Committee to ensure the supremacy of the judiciary and fundamental human rights under the interim constitution.

Meanwhile, Speaker Nembang, while inaugurating the building, assured that parliament would cooperate fully with the interim constitution drafting body.