He said that the sitting chief justice can be appointed as head of the executive only after he resigns as chief justice.[break]
“The person who heads the judiciary can´t be appointed as the executive head. He must resign as chief justice. It is not acceptable to CPN-UML if he is elevated to the post of chief justice without resignation as the chief justice,” Pokharel said addressing the district convention of the organization of civil servants and other professionals affiliated to the party.
Stating that the party´s recent central committee meeting´s had decided not to accept the sitting chief justice as the executive head, Pokharel claimed that the party´s decision clearly stated that no compromises would be made on constitutional supremacy and separation of powers.
He said that his party had already shown flexibility by accepting to form a government led by a retired chief justice. “Rest assured that our party will firmly stand in favor of seeking chief justice´s resignation prior to elevating him to the prime ministerial post,” he told participants of the convention. “This is the party´s official decision and no leader can go against it.”
He argued that appointing the head of the judiciary as head of the executive would be more dangerous at present because of the absence of parliament.
“As there is no parliament at present, at times the prime minister himself has to suggest to the president to endorse ordinances. In such a scenario the prime minister oversees the legislative functions as well,” he explained. “If we appoint a chief justice as the prime minister, a single person will act as the head of all the three branches -- executive, legislature and the judiciary.”
Pokharel claimed that the ruling UCPN (Maoist) leaders floated the proposal to form CJ-headed government in a calculated move to drag the Supreme Court into controversy and tarnish the judiciary´s image. He said the Maoist leaders came up with the plan to weaken the judiciary as the apex court has time and again blocked Maoist moves to promote impunity and other anti-national activities.
“UCPN (Maoist) Chairman Pushpa Kamal Dahal has stated in his official documents that the apex court blocked their several moves and it was high time to debilitate the judiciary,” said Pokharel. “The Maoists were waiting for the right time and have succeeded this time around.”
During the party´s central committee and standing committee meetings held earlier this week, Pokharel vehemently opposed the proposal of forming CJ-headed government. During the party meetings, he led the camp of party leaders, including party secretaries Shankar Pokharel and Yubaraj Gyawali even though party chairman Jhalanath Khanal and other leaders KP Sharma Oli, Bamdev Gautam, Bidya Bhandari and Bishnu Poudel were in favor of the proposal.
Former Prime Minister Madhav Kumar Nepal is also against the proposal.
The party leadership had decided to stand in favor of CJ-headed government though an absolute majority of Central Committee members opposed the idea.
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