CJ Poudel condemns idea of re-appointment of judges

[npnews]

CJ Poudel condemns idea of re-appointment of judges

Chief Justice Dilip Kumar Poudel has said that some people with some vested interests are raising the issue of judges' reappointment, adding, reappointment of judges will have negative impact in democracy.


http://www.nepalnews.com.np/archive/2006/oct/oct26/news04.php

[Chintit Nepali]

Looking the very fragile situation of the country and lawlessness is in its wide spreading,the concept of re-appointment of the judges of independent judiciary is not a constructive and farsighted idea.The idea may badly impact into whole decision making mechanism.Let the current judges functioning in the courts till their judgement are based on fundamental principle of justice and rule of law.It would be better thing to do at this point of time to evaluate the each and every action and judgement of the judges based on fair and impartiality and if the performance is seen unaccepted and out of above concept then at this point judge could be removed from his position and levelled the charge as appropriate by set up law upon the two third majority of legislature.Jai Nepal !

[sdev]

Nepal has Ridiculed the Rule of Law
Mockery of the Rule of Law and principle of democracy has been Nepal’s style in recent months. Nepal’s constitution 1990 still remains the fundamental law. It has been, however, ridiculed first by forcing the King in April 2006 to reinstate the parliament, which was dissolved in accordance with the constitution by the then Prime Minister in May 2002. There is no provision at all in the constitution permitting such action.
Second, the reinstated parliament, which is supposed to be under the constitution, declared itself supreme authority above the law and made numerous unlawful declarations, including against the irrevocable condition laid down in the constitution. When found it convenient, they happily referred to it and when unsuitable to their interest they superseded its provisions by announcing something else. It even did not mind to intervene independent judiciary. Essentially, the fundamental law has been used as a fun item and an instrument of convenience by Seven Party Alliance (SPA) and its government.
Third, the government, under the constitution, had no authority to order the drafting of Interim Constitution. It can not even make amendments in the existing constitution affecting irrevocable conditions.
Where did the parliament and government get these rights? Not from the constitution, not from the King who assumed and exercised the power for its reinstatement. The King did not grant it above the constitution. What then? Obviously, it was Maoists’ knock down of the parliament and government. Parliament turned only a puppet of Maoists. In Nepal, constitutional and judicial processes do not seem to matter at all. The power of terror and gun, though illegal, can do everything.
Can this be accepted or recognized? Barbaric as it may be, the reality in Nepal until this moment is yes.

[raj66]

Poudel may be right or wrong-but the legal system must remain fully independent from all political pressures.It is a fundemental part of democracy.