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NBA questions Thapa's ban from bench

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KATHMANDU, Oct 5: The advisory committee of Nepal Bar Association (NBA), the NBA´s supreme body for deciding crucial issues, on Monday challenged a Supreme Court (SC) verdict banning lawyer Shakuntala Thapa from ever becoming a judge.



The meeting attended by former NBA chairpersons and general-secretaries and senior advocates decided that the apex court´s September 27 verdict banning Thapa was erroneous.[break]



NBA has also asked the apex court to immediately review and correct its verdict.



"The verdict portrays the entire legal profession negatively. The meeting also agreed that the verdict was the result of ill intention towards lawyers," states the decision, adding, "The meeting hereby concludes that the verdict is objectionable and erroneous."



Thge NBA meeting further concluded that the eligibility criterion for a lawyer to become a judge has been guaranteed by the constitution and so the SC verdict was erroneous.



"The meeting concluded that the verdict was an attack against the entire legal profession," said Bijaya Mishra, general-secretary of NBA, adding, "The legal community never fulfills its motive through nepotism and favoritism. The SC verdict must be corrected." Mishra termed the decision a ´result of emotional feeling´.



The NBA meeting further concluded that the SC verdict goes beyond the questions and claims raised by plaintiffs in the case in question.



Lawyer and NBA member Shanta Sedhai and lawyer Raju Adhikary had filed a contempt of court case against Thapa and her daughter Nihita Biswas, citing abusive language used by the two against justices and the judiciary.



"The interim constitution of the country has a provision defining who can be a judge and who cannot. It has set out the basis of qualifications and disqualifications for becoming a judge," states the decision, adding, "But the SC delivered its verdict without properly addressing the issues raised in the case."



NBA has warned that it would keep raising the issue continuously unless the verdict is corrected. "The meeting agreed to place the issue on the table unless the erroneous verdict was corrected," the decision further states.



"The verdict has tried to intimidate lawyers. No lawyer can work independently while under fear. The SC verdict has created fear among lawyers. Hence, the verdict must be corrected at the earliest," Mishra told Republica.



Convicting lawyer Thapa and her daughter Biswas of contempt, the SC had slapped seven days imprisonment and Rs. 50 in fine on them a week ago. Biswas claims to be the wife of convicted killer Charles Sobhraj.



The duo used ´abusive language´ accusing justices of accepting bribes while upholding a life sentence for Sobhraj for murdering an American backpacker in Nepal in 1975.



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