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Legal Experts divided over Chief Justice led government

KATHMANDU: The legal practitioners have been divided over the new proposal floated by the UCPN-Maoist for the formation of a new government under the leadership of sitting Chief Justice for holding the Constituent Assembly polls.

According to State Run National News Agency, the legal practitioners close to opposition parties said that the Interim Constitution of Nepal-2063 BS has no provision for forming the election government headed by the former and sitting CJ while a legal practitioner close to ruling UCPN-Maoist favored the CJ-led government.

They claimed, “Article 106 (1) of the Interim Constitution of Nepal-2063 BS has clearly mentioned that the Chief Justice or Judges of the Supreme Court shall not be engaged in or deputed to any other assignment except that of a Judge. And article 106 (2) has stated that any person 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, except for the post as provided by sub-clause (a) of clause (1) of Article 131, nor shall he/she be entitled to practice law before any court. “

They also accused that the proposal was floated to destabilize the rule of law and challenge the independence of judiciary.  The legal practitioners also urged the political parties not to drag the judiciary into political controversy.

On the occasion, senior advocate Harihar Dahal said the Interim Constitution of Nepal-2063 has not stated forming a government under the leadership of the CJ or Judge. He claimed, “This is just a reason to weaken the judiciary.”  Similarly, another senior advocate Bishwa Kanta Mainali said the judges should not be dragged into controversy, as the political parties themselves were capable of handling the country´s top executive post.  Likewise, another senior advocate Bal Krishna Neupane argued that the Maoists´ proposal to form the CJ-led government would violate the people´s sovereign rights.

However, another senior advocate Raman Shrestha maintained that constitution has not barred for forming the government under the leadership of sitting or former CJ. The Maoist proposal received criticism from different walks of life including the ruling parties.

Published Date: Saturday, February 9th, 2013 | 10:29 AM

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