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Chief justice defends verdict

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TANSEN,Dec 25: Chief Justice Khil Raj Regmee, who led a five-member bench that ruled in November that the Constituent Assembly will expire after six months, has defended the verdict, saying it was passed in the best interest of the country.

 

"We passed the verdict on the basis of the constitutional provision relating to the interest of the state and the doctrine of necessity," said the chief justice at a press conference here Sunday, defending the November 26 verdict that has been criticized by some political parties that claimed the court breached the jurisdiction of parliament while passing the verdict.  [break]



"We passed the verdict after an intense discussion. We only considered constitutional aspect of the issue and did not take into account the political aspect while passing the verdict," he further added.



But people familiar to the judicial practice say that the chief justice´s remarks violated judicial decorum. "Even judiciary and the judges should exercise self-restraint. Speaking for and against a verdict passed by himself is not line with judicial decorum," said Dr Bhimarjun Acharya, an expert in constitutional affairs. 



The chief justice´s remark has come at a time when the parliament secretariat and the government are separately preparing to move the court seeking review of the verdict.

 

But the chief justice downplayed the criticism during the press conference. "It is a different thing to have discussions after the verdict," said the chief justice, who arrived here to participate in a local school function.

 

Saying that the verdict was passed in line with the spirit of the constitution and the 2006 people´s movement, the chief justice stressed that verdict passed by a court of law must be implemented. He also dismissed allegations that judiciary messed with politics by passing the verdict that ruled that the CA term would automatically expire after the last extension of six months, which is May 28. 



"We do not worry about the result of any verdict passed with good intentions," the chief justice said, "Facts speak for themselves." 



Regmee also expressed concerns over the recent "trend of attempting to influence the court through street protests and use of force."



"This situation has posed challenge to impartiality of judiciary," the chief justice said.



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