Bar draws CJ Shrestha’s attention on Kathmandu declaration

The Nepal Bar Association (NBA) has drawn the attention of Chief Justice Bishwombhar Prasad Shrestha towards the implementation of Kathmandu declaration that 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 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 appointment of judges at high court. It was further in consistent with Article 141 (3) of constitution, NBA reminded.

Chairman Ghimire further informed that amendment of Regulation was jeopardizing 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 total 25 judges at Supreme Court so that constitutional bench could be run in a permanent manner.

The constitutional bench must have senior most judges including CJ, the declaration stated, adding that those judges could hear other cases when there is no pressure in the constitutional bench.

Moreover, NBA demanded that the Supreme Court to cancel its criteria on conferring title of senior advocate at the earliest. Principle of honour 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 had also sought amendment on Section 155 of Criminal Offense Code, 2074.