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Legal experts opine CJ led government possible; Not possible claims NBA

Kathmandu: Legal experts have opined that the sitting Chief Justice can be appointed chief of a transitional government by amending the Interim Constitution.

During their meeting with top leaders of UCPN-Maoist, Nepali Congress, CPN-UML and United Democratic Madhesi Front at the Prime Minister’s Office in Singhdurbar on Thursday, the legal experts said that some constitutional hurdles need to be resolved for paving the way for CJ led government.

They added that the President would have to issue a decree to remove constitutional hurdles to implement the proposal.

Former Attorney General Yuvaraj Khatiwada said, “We have suggested that the constitutional provisions which do not allow for the CJ to be appointed government chief be amended.” He further informed that the parties should take special measures to not to drag the judiciary into controversy.

UCPN-Maoist chairperson Pushpa Kamal Dahal said that the parties would dwell on the suggestions and come up with a package deal on holding election, soon.

The legal experts suggested that election government can be formed under the leadership of CJ as per the doctrine of necessity to give political outlet to the country.

Legal Expert Amarraj Pant, however, stated that political parties should lead the election government. Attorney General Mukti Pradhan, former attorney generals Sangroula, Raghab Lal Baidya, Sushil Pant and Senior Advocates Krishna Prasad Bhandari, Purna Man Shakya, Bishow Kant Mainali and Legal Experts Ram Prasad Shrestha, Borna Bahadur Karko, Chandeshwors Shrestha among others took part in today’s discussion.

However, the Nepal Bar Association, the umbrella organization of the lawyers in Nepal, has already rejected the proposal and even submitted a memorandum to the president to prevent such a move.

The Association has taken strong exception to the decision of the political parties to form a new government under the sitting chief justice. The Association also urged all political parties not to underestimate the basic principle of separation of powers and constitutionalism.

“A government led by the sitting chief justice will not be acceptable to us even if he assumes the post of prime minister after resigning as the chief justice,” said NBA President Hari Krishna Karki at the press conference organized after their meeting. However, NBA has welcomed the ongoing talks between the political parties aimed at resolving the current political and constitutional crisis.

Published Date: Thursday, February 21st, 2013 | 08:08 AM

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