Bar association asks for CJ?s resignation

KOL Report

KATHMANDU, April 25 - The Nepal Bar Association asked for Chief Justice Hari Prasad Sharma?s resignation Sunday for his ?political speech? at an international conference in Australia.

Sharma, speaking the 11th Conference of the Chief Justices of Asia Pacific in Queensland in March, had said that the King?s Feb. 1 move had been brought about by failure on the part of the successive governments to counter terrorism in Nepal. He said the King wanted to restore peace and conserve the multiparty democracy, as mentioned in the royal proclamation.

The Nepal Bar Association had been discussing the topic for the past couple of weeks, reported Kantipur daily. The bar association, which represents lawyers from all over the country, yesterday said it opposed the chief justice?s speech.

The association said that the Sharma had failed to carry out his duties as chief justice that required him to head an independent judiciary and to protect the Constitution. It said that he should thus resign.

Shrama has managed to draw the ire of lawyers, legal experts and even justices of the Supreme Court itself through his remarks. He has been accused of undermining the autonomy of the judiciary and violating the code of conduct of judges, which says that they should not express their opinion or comment on political issues that court might need to deliberate on.

Chief Justice Sharma has maintained that he will not be unnerved by the criticism of his speech.

The bar association also said that his ?support? of the Royal Commission for Corruption Control?s investigations into alleged corruption on the part of the judges has hurt the ascendancy of the Constitution. (yv)

Just because the Chief Justice expressed opinions that did not go well with the members of the Bar, should he be forced to resign?

At any rate, how are third parties to make up their mind re: what CJ did say at
that conference? Is there a verifiably true transcript of CJ's speech somewhere on
the Web?

The Nepal Bar Association's FIRST TASK is to post the transcript of CJ's speech, and then let people make up their mind as to what CJ did say. Without this sort of evidence, they really do not have a case to press for. .

Look, everyone knows that these are emergency times in Nepal; and that politicians
and bureaucrats have to toe the 'pro-Feb 1 line' in one way or other if they want to
prevent their own arrests.

In these times, is it really surprising that the CJ did what he did?
Not at all.

Still, let's say -- for the sake of argument -- that this CJ resigns.
Then what?

Will the Nepal Bar Association have any influence over the pick of the next CJ?
No.
Not at all.

Why?
Read the all-purpose Constitution.

oohi
ashu

WHAT THE CONSTITUTION says:

Source: http://asnic.utexas.edu/asnic/countries/nepal/nepalconstitution.html

87. Appointment, Qualifications and conditions of Service of Judges of the Supreme Court:

(1) His Majesty shall appoint the Chief Justice of Nepal on the recommendation of the Constitutional Council, and other Judges of the Supreme Court on the recommendation of the Judicial Council. The tenure of office of the Chief Justice shall be seven years from the date of appointment.

(2) the Supreme Court for at least five years is eligible for appointment as Chief Justice.

(3) Any person who has worked as a Judge of an Appellate Court or in any equivalent post of the Judicial Service for at least ten years, or has practised law for at least fifteen years as a law graduate advocate or senior advocate, or who is a distinguished jurist who has worked for at least fifteen years in the judicial or legal field is eligible for appointment as a Judge of the Supreme Court.

Explanation: For the purpose of this clause, services rendered prior to the commencement of this Constitution as a Judge of a Regional Court or Zonal Court shall be deemed as service rendered in an Appellate Court.

(4) If the office of the Chief Justice becomes vacant, or the Chief Justice is unable to carry out the duties of his office due to illness or any other reason, or he cannot be present in office due to a leave of absence or his being outside of Nepal, His Majesty may designate the seniormost Judge to act as the Acting-Chief Justice.

(5) The Chief Justice or any other Judge of the Supreme Court shall hold office until he attains the age of sixty five years.

(6) The Chief Justice or any other Judge of the Supreme Court may, by submitting to His Majesty his resignation in writing, resign his office at any time.

(7) The Chief Justice or any other Judge of the Supreme Court shall be removed from his office if, for reasons of incompetence, misbehaviour or failure to discharge the duties of his office in good faith, the House of Representatives, by a two-thirds majority of the total number of its members, passes a resolution for his removal and the resolution is approved by His Majesty.

(8) The Chief Justice or any other Judge of the Supreme Court charged pursuant to clause (7) shall be given a reasonable opportunity to defend himself, and for this purpose, the House of Representatives may constitute a Committee of Inquiry consisting of its members and legal experts for the purposes of recording the statement of the Judge, collecting evidence and submitting its findings. The working procedure of the Committee shall be determined by law.

(9) The Chief Justice or the Judge of the Supreme Court against whom impeachment proceedings are being initiated pursuant to clause (7) shall not perform his duties until the proceedings are final.

(10) Except as otherwise provided for in this Constitution, the remuneration, allowances, leave, pension, gratuities and other conditions of service of the Chief Justice and other Judges of the Supreme Court shall be regulated by law.

(11) The remuneration, privileges and other conditions of service of Chief Justice and other Judges of the Supreme Court shall not be altered to their disadvantage.

(12) Any person once who has once held the office of Chief Justice or Judge of the Supreme Court shall not be eligible for appointment in any Government Service, nor shall he be entitled to practice law before any office or court.

Provided that nothing in this clause shall be deemed to be a bar to his appointment to a political position, to a position concerning judiciary inquiry or to a position in which his responsibility extends to giving his advice, opinions and recommendations on the basis of study, research and investigation in the field of justice or law.