Issuing a press statement, the ICJ said Regmi should not keep his position on the SC in the aftermath of his appointment as the country´s interim prime minister so as to preserve the independence of the judiciary and the rule of law.[break]
"The Supreme Court under the leadership of Chief Justice Khil Raj Regmi, has demonstrated a strong commitment to upholding the rule of law and protecting human rights in Nepal," the statement quoted Ben Schonveld, ICJ´s South Asia Director in Kathmandu as saying. "To preserve the Nepali judiciary´s hard-won independence, the Chief Justice should step down from his post as soon as he assumes his position at the top of the Executive Branch."
The country´s four key political parties agreed on an arrangement whereby Chief Justice Regmi will refrain from participating in his duties as Chief Justice of the apex court while exercising powers of the Prime Minister conferred by the Interim Constitution, in brokering an election of the Constituent Assembly. After the election is held, the agreement provides that the Chief Justice will resume his power and regular duties as Chief Justice.
In the interim, the seniormost judge of the Supreme Court will act as Chief Justice.
"Appointing the serving Chief Justice to act as Chairperson of the Council of Ministers throws the country into uncharted constitutional waters," Schonveld added. "This agreement obliterates the line between the executive and the judiciary."
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