Terming such activities as untoward, the judges, at the end of their historic conference on Wednesday, concluded that these activities have undermined judicial independence and narrowed and obstructed the people´s right to justice from a competent and independent judiciary.
"… We express our worry and disagreement over untoward activities from different sectors in recent years against judicial decisions," the judges said in their 16-point Kathmandu Declaration passed by the two-day conference in the capital on Wednesday.
The judges´ concern over judicial independence has come at a time when the ruling Maoists have been launching a series of protests against the judiciary and judges in the aftermath of the March-24 court order staying the retirement of the eight brigadiers. The Maoist-led government had given retirement to the army officers three weeks ago but the court stayed the retirement last week, a move not liked by the Maoists.
Similarly, the courts have seen protests against the orders and verdicts issued by them in recent years, posing a threat to the people´s right to seek justice from courts that are impartial, independent and competent.
The judges have reminded the government, bodies under it and the citizens of the constitutional obligation to respect any order or verdict handed down by the courts. The Interim Constitution says that everyone should adhere to court rulings and verdicts.
"We believe that the executive, the parliament, Nepal Bar Association, media and civil society will strive to respect, protect and promote the universal values of judicial independence," the judges said in their declaration.
This is the first time in the country´s judicial history that all judges across the country from the district court to the Supreme Court have gathered to discuss judicial independence and responsibility, a strategic plan for the judiciary and a code of conduct for judges.
In their declaration, the judges committed themselves to be more active in protecting people´s rights, human rights and the rule of law while also promising to function as per the democratic system adopted by the country.
kiran@myrepublica.com
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