The Nepal Bar Association has issued a press release condemning what it calls the current efforts-carried out via media-to intimidate and control the independent judiciary through fear and coercion.
NBA’s move comes at a time when some Gen Z groups have demanded that Chief Justice Prakash Man Singh Raut should resign his position. In the press release issued by NBA General Secretary Kedar Prasad Koirala, the NBA stated that the need for reform in the judiciary has been acknowledged by the judiciary’s own reports. The 16th All Nepal National Conference of Legal Practitioners organized by the NBA has clearly stated its position on restructuring the judiciary. Judicial reforms must be carried out through legal mechanisms and broad consultation. An independent, competent, and accountable judiciary is the core belief of the NBA.
The lawyers’ umbrella body said that no matter how difficult the situation the country is in, the basic standards of the rule of law must not be ignored.
It further said that it is the state’s primary responsibility to uphold the fundamental standards of human rights, including fair hearings.
The NBA said the government must take seriously the recent actions that demoralized the security agencies, especially the Nepal Police.
Stating that rage, anger, and anarchy only lead to a vicious cycle of murder, violence, and revenge, the NBA said it supports sustainable peace, which can only be achieved through dialogue and cooperation. Therefore, we urge the government to initiate broad-based dialogue, it added.
We demand that the work and proceedings of the Supreme Court and all other courts be resumed immediately and run in a regular manner, the NBA said adding that the public’s right to justice must never be obstructed at any moment.
The NBA also said that land plots for its office building must be provided within the Supreme Court premises and the stakeholders must give this matter must a high priority in practice.
The NBA also said that the there has not been any credible assurance that the prior statement of the Chair of the Commission formed to investigate acts of violence during Gen Z protests on September 8 and 9 would not adversely impact the independence of the commission. Chair of the Commission Gauri Bahadur Karki had reacted strongly in his Facebook post during Gen Z agitation, even suggesting that then Prime Minister KP Sharma Oli, Nepali Congress President Sher Bahadur Deuba and CPN-Maoist Centre Chair Pushpa Kamal Dahal should not be allowed to leave the country.
The NBA said the general perception is growing that the government is treating the questions of impartiality of the Karki-led commission lightly and is merely fulfilling formalities. This could undermine the credibility of the commission’s report, it added.
