KATHMANDU: The Nepal Bar Association (NBA) has drawn the attention of Chief Justice Bishwombhar Prasad Shrestha towards the implementation of the Kathmandu declaration that the NBA convention had issued two months back.
NBA Chairman Gopal Krishna Ghimire informed that the NBA team met CJ Shrestha and requested for the Kathmandu declaration as part of reform in the judiciary.
In response, CJ Shrestha said he was serious about the issue and efforts were underway for its enforcement.
NBA made aware the CJ that Rule 11 of Judicial Council Regulation as amended on September 18, 2023, would negatively impact the hierarchy in the appointment of judges at the high court.
It was further consistent with Article 141 (3) of the constitution, NBA reminded.
Chairman Ghimire further informed that amendment of the Regulation was jeopardizing the rule of law.
The amendment should therefore be scrapped soon, he underlined.
Similarly, he demanded that initiative was essential for amending the constitution that ensures a total of 25 judges at the Supreme Court so that the constitutional bench could be run permanently.
The constitutional bench must have senior judges including CJ, the declaration stated, adding that those judges could hear other cases when there is no pressure in the constitutional bench.
Moreover, the NBA demanded that the Supreme Court cancel its criteria on conferring the title of senior advocate at the earliest.
The principle of honor should be reflected in conferring the title rather than providing it on supplication.
The 16th All Nepal Legal Practitioners’ National Convention held on May 17-19 in Kathmandu had issued a 38-point declaration.
The declaration also sought an amendment to Section 155 of the Criminal Offense Code, 2074.
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