“Political parties have forgotten all the articles of the Interim Constitution except for Articles 106 and 158,” he stated while addressing a function organized by Constitutional Lawyers Forum (CLaF) in the capital. [break]
Sharma maintained that former or incumbent chief justice cannot be head of the executive as per the Interim Constitution. “Political parties should seek for political solution not unpolitical one,” he added.
The former chief justice stated that the apex court has been dragged into such a huge controversy for the first time since the establishment of multiparty system in the country.
Former Constituent Assembly chairman Subas Nembang said the political meetings between Chief Justice (CJ) Khil Raj Regmi and defendants of a sub-judice issue at the SC have flouted the constitution. “Constitution is not a document you use as per your convenience,” he stated.
Stating that the CJ cannot become prime minister by removing constitutional difficulties, Nembang said that the country is proceeding at odds with the Interim Constitution.
President of Nepal Bar Association (NBA) Hari Krishna Karki said the decision to form a CJ-led government has raised question over the future of multiparty system in the country.
NBA Vice-president Tikaram Bhattarai stated that the CJ has been holding meetings with defendants of a sub-judice issue in breach of the code of conduct for judges. “The recent activities have raised question over the independence of the judiciary,” he argued.
Meanwhile, Professionals Alliance for Peace and Democracy (PAPAD) has expressed grave concerns over the decision to form a CJ-led election government.
Issuing a press statement on Monday, PAPAD said a government led by CJ will destroy the Supreme Court, which it said is the only constitutional body that can check the government´s wrongdoings.
The alliance has stressed the need for resolving the present political and constitutional crises by adhering to democratic norms and values. “Democracy and democratic system can be strengthened and institutionalized only through democratic exercise,” reads the press statement signed by the heads of NBA, Nepal Engineers´ Association, Nepal Doctors´ Association, Federation of Nepalese Journalist, Nepal Teachers´ Union and Nepal Professors´ Association.
Meanwhile, human rights activists have objected to the proposal of the parties to form a single commission to deal with disappearances, and truth and reconciliation.
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