KATHMANDU, Dec 12: The Nepal Bar Association (NBA) has decided to initiate the reform of the bar and bench with the demand for the amendment of the constitution and the implementation of the study report for the restructuring of the judiciary.
The 50th Central Executive Council meeting of the Nepal Bar Association, which concluded in Pokhara on Tuesday, made several decisions under the main slogan of NBA as “Capable legal professionals, structured bar judiciary restructuring, foundation for strengthening democracy.”
After the amendment to the Judicial Council Rules, there has been a delay in the appointment of judges due to the ongoing dispute between the Bar and the Bench. The NBA claimed that the Judicial Council Rules 2074 (First Amendment) are unconstitutional.
A contempt case was registered in the Supreme Court (SC) regarding the statement of senior advocate Gopal Krishna Ghimire, president of the NBA during the protest program held by the NBA until the amendment was repealed. The NBA has demanded that the pending case be dismissed and the bar bench relations be made more harmonious.
Judicial Council Regulations amendment triggers bar-bench confl...
The NBA has decided to take the initiative to form a high-level constitutional implementation study commission for the full implementation of the Constitution and the restructuring of the judiciary. The appeal for the full implementation of the constitutional system in accordance with the spirit and essence of the constitution has undermined the constitutional system.
The NBA has also expressed interest in the issue of transitional justice (TJ). The NBA said that “It is a matter of serious concern that the process of TJ has not been completed even after two decades of the Comprehensive Peace Agreement.” The Truth and Reconciliation Commission (TRC) has been amended and issued to end impunity in serious crimes to ensure the victim's right to justice and remedy. It was decided to make a strong demand on all stakeholders including the government to immediately conclude the TJ based on the detailed peace agreement, SC decision and international standards.
The NRB has once again demanded the implementation of the report which was studied and made public under the coordination of the then SC judge Hari Krishna Karki to solve the various distortions, inconsistencies, corruption, irregularity, procrastination and other distortions existing within the judiciary.
The executive council meeting has demanded to accept the report from the full meeting of the SC and implement it immediately, to maintain judicial governance. The report prepared for judicial reform has not yet been implemented.
The NBA has been demanding the implementation of the report since the beginning. During the hearing of the case, the NBA has also mentioned the need for the court’s attention to ensure that a decision is made on the same day.
Attention has been drawn to the High Court to oversee the jurisdictional authority over extraordinary writ petitions concerning the actions of government departments or similar bodies under its jurisdiction and the District Courts to maintain jurisdiction over all writ petitions related to the decisions of quasi-judicial bodies within their respective districts.
The NBA has stated, “A decision has been made to draw the attention of the concerned authorities to immediately amend Section 155 of the Civil Criminal Procedure Code, ensuring that the previous legal provisions remain intact.”
The NBA also drew attention and demanded the amendment of the law to facilitate the cases in the court. It has also been urged to amend the existing practice where, in cases involving a fine at the initial level, the fine and compensation must be paid in advance while appealing at the appellate level. The Bar has demanded High court to make necessary legal provisions to grant the right to review decisions or rulings made by semi-judicial bodies or cases that have been reviewed in the district court under the appellate jurisdiction.
The NBA has decided to initiate a gender policy for the professional rights, efficiency, safety and gender issues, social justice and access to justice of legal women.
Stating that detaining people on the basis of political opinions and beliefs has continued till now, the demand has been made to the government to ensure that no one is imprisoned on the basis of political beliefs or ideologies in accordance with the Constitution of Nepal, international treaties to which Nepal is a party, and democratic values and beliefs. The NBA has stated, “It will make a strong demand for legal amendments to resolve disputes where local government laws conflict with the Constitution and federal laws, by placing such matters within the jurisdiction of the higher courts.”
