Chief Justice of Nepal is controversy: Shame and Fail
The speech delivered by Chief Justice Hari Prasad Sharma at a conference of the chief justices of Asia and the Pacific held from March 20-24 in Australia has drawn much controversy, triggering critical comments from jurists, former Supreme Court judges, Bar officials including other legal practitioners.
Published reports have quoted legal practitioners as saying that the Chief Justice had delivered a "political speech" at an international conference, which, according to them had 'breached' the constitution and "violated the code of conduct of Judges."
"The speech is no less than that of a political leader. As the head of the judiciary, he should not have given such a speech," The Kathmandu Post (TKP) quoted a Supreme Court judge as saying, "He had vowed to abide by the constitution while taking the oath of office, which means he has vowed to be impartial. So by delivering the speech, he has breached the constitution."
In his address, which was said to be eight-page long, CJ Sharma has reportedly disparaged the political parties and defended the recent Royal Move, saying it was aimed at "teaching a lesson to the political parties."
According to published reports, Sharma has also been critical of the political parties, saying "greed for power, factionalism, bad governance and corruption which peaked during the last 14 years, watered the plant of terrorism."
In his address, the CJ has also held the political parties responsible for dissolving the local and national elective bodies and for opening the "unrepresentative and unaccountable route to power", and trying to "perpetuate" it.
The 19-point code of conduct of judges, which the apex court- the supreme policy making body of the country's judiciary- has already endorsed, considers it unethical for justices to speak publicly on political matters.
According to the TKP report, number 11 of the code of conduct clearly says that judges should not express their opinion or comment on subjudice cases, political issues, and subjects that can be taken to the supreme court for judicial review in future.
"It's an extremely serious matter. The CJ's political remarks in the international forum have put the Nepali judiciary at shame," TKP further quoted the above-mentioned SC justice as saying.
The CJ's speech has perhaps drawn the most critical comments from Nepal Bar Association, with its president Shambhu Thapa demanding the CJ's resignation. "The political speech is extremely serious and objectionable?. he must step down," Thapa has been quoted as saying at a programme recently organised by the Bar Association. "If CJ Sharma and other justices cannot defend the independence of the judiciary, they must resign," Thapa added.
"He (CJ Sharma) breached the code of conduct of judges," TKP quoted Laxman Prasad Aryal, a former Supreme Court justice and a member of the committee that drafted the 1990 constitution as saying.
Wrote The Himalayan Times (THT) in its Editorial on April 8, "People may have different opinions on the performance of the political parties, on the Maoists, on the King's steps as well as on world reaction to the February 1 step?but the fundamental question is whether a judge, all the more so the chief of the judiciary, should make statements or speeches as if he were a political leader, supporting one side and criticizing other?"
THT editorial further said, "One wonders how the parties concerned could expect justice from a judiciary headed by a man whose strong view on them have already become public?how can workers or leaders of the political parties who go to court or whose cases are brought before it remain confident that their cases will not be prejudiced?
The CJ has, however, defended his speech saying that he will not be "perturbed" by the critical remarks and the call by some legal experts to step down as what he said in his speech in Australia was "for the sake of truthfulness."
"What I did in Australia was for good," April 10 issue of THT quoted CJ Sharma as saying. nepalnews.com amt Apr 11 05
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