National
Bar members take exception to Monday’s NBA statement
Three central members of Nepal Bar Association (NBA) have taken serious exception to the statement issued by NBA General Secretary Khamma Bahadur Khati regarding Justice Cholendra Shamsher JB Rana’s decision to boycott the full bench headed by Chief Justice Gopal Prasad Parajuli.Three central members of Nepal Bar Association (NBA) have taken serious exception to the statement issued by NBA General Secretary Khamma Bahadur Khati regarding Justice Cholendra Shamsher JB Rana’s decision to boycott the full bench headed by Chief Justice Gopal Prasad Parajuli.
NBA General Secretary Khati had issued a statement in the name of NBA on Monday condemning Justice Rana’s decision as an attack on judiciary. SC Justice Rana had refused to be part of the full bench assigned to hear two separate contempt of court cases against Kantipur daily and anti-corruption campaigner Dr Govinda KC, saying that CJ Parajuli has already crossed his retirement age and he should have been retired.
In a statement on Tuesday, NBA Vice President Usha Mall Pathak, central members Bishnu Maya Bhusal and Kirshna Kumar Angdembe argued the statement issued by Khati contradicted the NBA’s spirit of playing an impartial mediator’s role to increase the people’s faith in court.
Noting that there is a tradition of convening a meeting of bar members for making positions on serious issues like the controversy regarding the age of CJ Parajuli, the NBA members raised objection to the statement issued by disregarding the tradition of taking inputs from advisors. The NBA members further said the move to take side by NBA with the backing of majority will have a negative impact in the formation of an improved and independent judiciary and will damage the reputation of NBA.
In Monday’s statement, the NBA stated that Justice Rana falsely accused CJ Parajuli even though the discrepancy in his date of birth had been settled by the Judicial Council and he assumed the top post of judiciary after the Constitutional Council approved him.