Instigated or motivated?

The Himalayan Times

1 March 2013

The proposal of four major political parties to the Chief Justice (CJ) to be the Executive Chief of the next government and CJ’s acceptance to the offer has been the talk of town. This hot situation has completely engrossed the nation and diverted everybody’s attention towards CJ’s next move. CJ’s willingness to take up the position has been widely criticized and opposed in terms of its relevancy with the Interim Constitution (IC). As reported in “NBA censures CJ, says he’s facing moral crisis” (THT, 27 Feb. Page 1), Nepal Bar Association (NBA) has strongly opposed CJ’s intention and accused him of undermining judges’ code of conduct. NBA’s press statement says that holding the post of CJ is not like holding a position in the civil services, the administration, the army or any other investigative body so the CJ cannot be deputed to hold any position in any other entity. Having said that who instigated and what motivated CJ, being at helm of judicial system, to silently accept the four parties proposal?

This unusual situation has even heavily and internally disturbed inner circles of NC and UML. Youth leaders of both parties have been questioning the leaderships about the legitimacy of the unpopular proposal. NC leaders are finding difficult to quieten dissenting voices of second-rung leaders as reported in “NC struggles to quieten dissenting voices” (THT, 27 Feb. Page 1). Likewise, UML youth leaders have been heard publicly criticizing their leaders for going along with Maoist’s proposal of putting CJ at the executive position in the name of holding the next constituent assembly election.

It was surprising to know that the Supreme Court had put forward a press statement on behalf of CJ when a writ filed against the entire ongoing process involving CJ himself is due on March 7. Even a common citizen cannot make comments on sub-judice case; how can the CJ himself do it? Was not this act a contempt of court on the part of CJ?

Rai Biren Bangdel

Maharajgunj, Kathmandu

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