KATHMANDU: Senior Advocate Harihar Dahal who is also one of the drafters of the Interim Constitution of Nepal-2063 B.S has asked Chief Justice (CJ) Khilraj Regmi’s statement on the Maoist proposal to form a CJ-led government.
“CJ’s muteness has raised doubts whether the CJ has seconded the UCPN (Maoist) proposal,” Dahal said.
“CJ should make his statement public sooner than later. Otherwise, it could bring uncertainties,” he added.
Speaking at an interaction program organized by the Reporters’ Club in the capital today, the legal practitioners including Dahal urged the political parties not to drag the judiciary into political controversy.
Reporters’ Club Chairman Rishi Dhamala presided over the program,
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 reasoned, “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. ”
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 (CJ) for holding the Constituent Assembly (CA) polls.
They also accused that the proposal was floated to destabilize the rule of law and challenge the independence of judiciary.
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.”
He also asked CJ Khilaraj Regmi’s reaction over the issue after the country’s largest and ruling party’s general convention endorsed the decision for forming the CJ-led election government.
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 reasoned that constitution has not barred for forming the government under the leadership of sitting or former CJ.