Nepal’s legal eagles ruled out CJ-led government

KATHMANDU: Nepal’s constitution experts have ruled out the possibility of materialising UCPN Maoist’s proposal to form a consensus government in the leadership of Chief Justice Khilaraj Regmi.

One of the leading figure involved in writing the Interim constitution, senior advocate Harihar Dahal said that the Chief Justice should be expressing his opinion on the UCPN Maoist proposal.

Speaking at an interaction program organised by Reporters Club Nepal on Saturday, Dahal said that CJ’s silence on the issue indicates that he might also be interested in the UCPN Maoist proposal.

He asserted that the CJ should clarify his position on the issue immediately, ” Has the Chief Justice discussed this issue with Prachanda? What are his intentions? These issues should be cleared out immediately otherwise it will push the nation into further crisis.”

” Interim constitution’s sub clause 1 of clause 106 restricts any incumbent Chief Justice, Justice from being appointed to any areas other then judicial and inquiries. And the sub clause 2 of the same also restricts the appointment of former chief justice to any other posts except Human Rights Commission,” Dahal said claiming that CJ cannot be made PM even by amending the Interim Constitution.

He opined that the unamendable provisions of the constitution should not amended claiming that increasing political interests in justices will jeopardise the state machinery.

Dahal opined that the ongoing stalemate is purely political and asserted that political parties should resolve it instead of resorting to independent candidates.
Another speaker at the program, senior advocate Biswakanth Mainali said warned that enmeshing state’s judiciary into politics will be unfortunate and seconded Dahal’s opinion that the existing provisions of the Interim Constitution restrict the appointment of CJ or any justice as Prime Minister.

Mainali said that the political parties are restricted by sub clause 1 of clause 38 to form government other then a consensus one and claimed that the proposal to form CJ led government lacked constitutional backing.

Similarly, senior advocate Bal Krishna Neupane warned that appointing CJ as Prime Minister would point to the failure of multiparty democracy and a breach of the interim constitution.

He even slammed the CJ and stated that the a person who has failed to appoint justice despite leading the Judicial Council cannot run the nation. Neupane accused the Maoist of using the CJ to further jeopardise the state apparatus.