KATHMANDU, Dec 19: The Nepal Bar Association (NBA) has not yet made a decision to send a new representative to the Judicial Council, even though it has been nearly a month since one of its members vacated the position. Due to the NBA’s failure to appoint a representative, the Judicial Council has been unable to advance with processes such as the appointment of judges. On the occasion of the 34th Judicial Council Day, everyone has asked the NBA to send a representative as soon as possible.
There is a legal provision in the structure of the Judicial Council, which is chaired by the Chief Justice, that a representative member of the NBA shall be a member. Previously, Ram Prasad Shrestha served as the NBA’s representative on the council, and his tenure ended on December 29. The Judicial Council has faced difficulties in making decisions, including the appointment of judges as the NBA has not yet sent a new representative to the vacant member post.
After the judicial council amended the rules regarding the roll order of the high court judges, the NBA has been protesting against it as it is against the constitution. The demand of the NBA is that the amendment made in the regulation should be dismissed.
The NBA also warned the judiciary not to proceed with the process of appointment of judges without dismissing the clauses added by the amendment. The process of appointing judges to the Supreme Court and High Court was halted after the NBA opposition. The discussion on this matter has not been able to take place since the tenure of the representative from the Bar Council, Shrestha, ended.
NBA to stage protest at Judicial Council today
Currently, there are four vacancies in the Supreme Court, 23 including three chief judges in the High Court and five in the District Court.
Meanwhile, Chairman of the Judicial Council and Chief Justice Prakash Man Singh Raut said that the time has come for the Judicial Council to play an effective role. In a program held in Kathmandu on Wednesday on the occasion of Judicial Council Day, Raut said that positive competition can lead to good work and urged judges and staff to work with restraint and understanding to maintain the dignity of the court.
Chief Justice Raut said that the tension between the NBA and the bench should be resolved and they should move forward due to the amendment in the Judicial Council regulations. Chief Justice Raut also urged the NBA to send a member to the Judicial Council soon. “I request the NBA to send a member to the Judicial Council as soon as possible and assist in the judicial reforms, expecting positive cooperation from all,” he added.
In the program, Senior Judge Sapna Pradhan Malla emphasized the need to resolve the ongoing dispute between the bar and the bench in order to advance the process of appointing judges. She said that laws alone are insufficient to ensure the growth of the judiciary, so both physical and human resources are also indispensable.
Minister for Law, Justice and Parliamentary Affairs, Ajay Kumar Chaurasiya, said that the appointment of judges has not been done on time. He also urged the NBA to send members to the Judicial Council as soon as possible. According to him, the delay in the appointment of judges was also caused by the NBA's protests.
Ram Prasad Bhandari, a member of the council, said that the NBA did not cooperate with the Judicial Council. “After the proposal presented by the NBA was not endorsed by the Judicial Council, the NBA raised slogans of ‘hail’ and ‘Down with’ inside the Council. This event was unfortunate in the 33-year history of the Council,” he said. He mentioned that instead of discussing with the Judicial Council, it was wrong to protest, and emphasized that the NBA and the bench should proceed together.
The Attorney General, Ramesh Badal, said that the Judicial Council has not been able to function fully according to the provisions outlined in the law. He also suggested that certain words in the Judicial Administration Act need to be amended.
NBA President Gopal Krishna Ghimire said that the Judicial Council is at a crossroad. He said that the NBA recently made its stance public in the meeting of the Central Executive Committee held in Pokhara. He stated that the role of judges' appointments and actions should be expanded further. “The NBA and bench are two sides of the same coin for the judicial sector. They must move forward together,” he said. Expressing the commitment to continue supporting the bench from the NBA’s side, he also said that the bench should at the same time accept support from the NBA.
