NBA to protest till CJ quits – The Himalayan Times – Nepal’s No.1 English Daily Newspaper

NBA to protest till CJ quits - The Himalayan Times - Nepal's No.1 English Daily Newspaper

https://thehimalayantimes.com/nepal/nba-to-protest-till-cj-quits

KATHMANDU, DECEMBER 6

The Nepal Bar Association continued its protest against Chief Justice Cholendra Shumsher JB Rana today demanding his resignation.

Protesting lawyers staged a sit-in at the main entrance of the apex court and also chanted slogans against the CJ.

Vice President of NBA Rakshya Basyal said that NBA would continue to protest against the CJ until he resigned from his post.

The NBA has accused CJ Rana of stalling judiciary reform plans suggested by Justice Hari Krishna Karki-led panel, entering a quid pro quo deal with the executive, and stalling the hearing of cases filed against the appointments made to constitutional bodies.

Basyal said that if the CJ continued to refuse to resign from his post, political parties should be ready to impeach the CJ.

“We have listed 17 reasons for CJ Rana’s ouster, and those reasons are enough for political parties to impeach Rana,” Basyal said.

President of Supreme Court Bar Association Purna Man Shakya said that he was hopeful the political parties would seek to impeach CJ Rana.

Although CJ Rana has not drawn case lotteries since the SC started to go for lottery-based cause list, it is not certain he will always abide by this rule. Dissident Justices of the SC have said they would not share any bench with CJ Rana.

NBA has also warned CJ Rana against forming his bench. Shakya said that although other justices had started hearing cases, there was still problem in conducting hearing of cases sub judice in the constitutional bench.

“Constitutional bench cannot be formed without the CJ resigning from his post or delegating powers to the senior most Justice to work as Acting CJ,” Shakya said.

Advocate Om Prakash Aryal, who has challenged the appointments made by the erstwhile KP Sharma Oli government to constitutional bodies, said the lawyers had no option but to continue their protest against the CJ.

He said protesting lawyers could not accept CJ Rana in the constitutional bench. As per legal provisions, the constitutional bench should be presided over by the CJ.

Aryal’s case remains pending in the constitutional bench. “We have accused CJ Rana of wrongdoing and it is now our duty to prove the accusations against him or else we lose our moral ground,” Aryal said.

Shakya said the protesting lawyers wanted lottery-based cause list launched in lower courts also, but since the system was new and the SC was experimenting with it, SC Justices could think of replicating their experience in the lower courts only after judging the efficacy of the system at the SC.

A version of this article appears in the print on December 7, 2021 of The Himalayan Times.

Leave a comment

Your email address will not be published. Required fields are marked *