"The jurist nominated by the government is expected to reflect the voice of the government in the JC. But he (Sthapit) is not being responsible to the government," Minister Gurung said.
Prime Minister Puspa Kamal Dahal, law minister and lawyers close to the Maoists maintain that Sthapit should resign so that the present government will nominate another jurist of their choice in the Judicial Council. They argue that Sthapit should resign on "moral" ground because the government that nominated him is no longer in power.
Former Attorney General Sthapit has been facing mounting pressure from the Maoist-led government, especially from Prime Minister Dahal and Law Minister Gurung, to quit in recent time. This situation came after Sthapit refused to meet the PM. Gurung said that Prime Minister Dhahal had tried to meet Sthapit twice recently.
Though this issue has been aconstitutional one, it has started to take a political turn.
Nepali Congress and lawyers close the party have taken the pressure on Sthapit as Maoist bid to interfere with the judiciary. Even Nepali Congress President Girija Prasad Koirala has publicly accused the Maoist-led government of trying to interfere with the then judicial independence.
However, Maoists and lawyers close to the party maintain that resignation of Sthapit is a moral issue and should quit with the change in government. Gurung said that the issue of Sthapit should not be viewed from political eyes.
"The change of the government does not affect this post. This post is for four years," Sthapit told myrepublica.com. "I am required to be committed to the Constitution, not to any individual [PM]. JC is not a place for politics."
Senior Advocate Sthapit further argued that the Constitution has fixed the tenure of the jurist to be nominated by the government for four years so that the jurist can work for four years independently and fearlessly. Four-year term has been fixed in the Constitution to stop political interference [like this], Sthapit said.
In the meantime, the situation in the Judicial Council has affected its works. Judicial Council is responsible for appointment, transfer of judges and taking action against judges. A JC meeting last week was postponed after Law Minister Gurung reportedly refused to attend in a bid to exert pressure on Sthapit to quit. The meeting was scheduled to pass an amendment to the Judicial Council Act, appoint judges in the Supreme Court and the Appellate Courts.
When asked what he will do if the present situation continues, Sthapit said, "I do not want to stick to this post. But I want that the Constitution be respected."
Similarly, replying to the same question, Gurung said, "We are in dialogue with Sthapit to end this situation."
kiran@myrepublica.com
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