Justices submit memo for amendment in interim statute to CJ

Justices of the Supreme Court today submitted their 13-point recommendation for amendment in the interim constitution to Chief Justice (CJ) Dilip Kumar Poudel to hand it over to the Prime Minister.

The memorandum was handed over to the CJ after all SC justices put their signature in the memorandum, which was passed by a full court meeting on Sunday.

The memorandum was presented to the CJ only today, as some of the justices could not sign it yesterday.

According to Supreme Court registrar Dr. Ram Krishna Timilsena, the justices have left it to the CJ whether to submit it to the Prime Minister.

The meeting of the ruling seven-party alliance and the Maoists on Monday decided to issue the interim constitution on January 15 without any amendment.

Stating that some provisions of the draft interim constitution are against the concept of the independence of Judiciary, a the full court meeting of the SC justices had came up with a 13-point recommendation for amendment in the draft of the interim constitution and decided to submit the recommendations to the Prime Minister.

The proposal states that the Chief Justice be appointed with the recommendation of the Constitutional Council, not by the Prime Minister as mentioned in the draft of the interim constitution. The judges have also argued that the CJ should be named as the ‘CJ of Nepal’ instead of the ‘CJ of the Supreme Court’.

The judges have also opposed the provision in the draft interim constitution, which bars retired judges from getting political appointments as well as the provision of impeachment of judges if they are found with mental or physical inability.

Similarly, another recommendation says that the provision of submitting the annual report of the judiciary to the Prime Minister, who will then present it to the parliament, be changed as it is against the concept of judicial independence. The report, it is proposed, should be publicised directly without submitting it to the Prime Minister.