Political changes not to affect judicial functions: CJ
December 19, 2017 01:49 AM NPT
KATHMANDU, Dec 18: Chief Justice Gopal Parajuli said Monday that the functioning of the judiciary would not be affected by political changes such as change of government or other such developments.
Speaking on the occasion of the 27th anniversary of the Judicial Council (JC), CJ Parajuli said that the functioning of the JC and the Judicial Service Commission (JSC) would not be affected by political changes. “The JC and JSC shall continue their activities without being affected in any way even at a time when the government has turned into a caretaker one,” he added.
At a time when the left alliance has been criticizing the appointments made by the Deuba government,.Parajuli clearly hinted that the appointment of judges would not be affected.
Stating that the JC and JSC are independent of the executive and not subject to political interference, Parajuli said they have been working as per the established principle of judicial independence.
He also expressed confidence that the JC would not avoid its constitutional responsibilities just by citing a specific context, change or event in the country and would continue its activities unaffected. Stating that there was a need to carry out the functions of the JC and JSC with a view to developing jurisprudence and bringing about needed reforms, Parajuli said that a 39-point action plan was implemented at the judiciary immediately after his appointment as CJ.
Informing that the JC is into final preparations for the appointment of district judges through open competition, a first in Nepal's judicial history, Parajuli said a process of written competition and interviews has already been adopted.
Seniormost Justice of the Supreme Court Deepak Raj Joshee, also speaking on the occaison, emphasized reforming the JC, keeping in mind its functions in the past. He also said that the JC should be more effective in the days to come. “The judges are appointed after meeting specific qualifications set by the constitution, and they need to cultivate a judicial mind and respect human rights while discharging their fucntions,” he added.
According to Minister for Law and Parliamentary Affairs, Yagya Bahadur Thapa, the JC has adopted a calendar system under the Judicial Council Rules, 2017 in order to make the transfer of judges systematic. He also emphasized the implementation of constitutional provisions while appointing the judges.
Chairman of Nepal Bar Association Sher Bahadur KC called on the judicial leadership to fill the vacant positions of chief judges and judges at high courts at the earliest.
CJ Parajuli also awarded High Court Judges Prakash Chandra Gajurel and Neeta Gautam Dixit and District Court Judges Dharma Raj Paudel and Bidur Koirala for their performance on the bench.