Miscellaneous
Bar suggests Regmi not to return to SC
The Advisory Committee of Nepal Bar Association on Sunday suggested that Chairman of Interim Election government Khil Raj Regmi should not return to the Supreme Court to assume CJ role.The committee has urged NBA executive committee to come up with strong protest programmes. In the meeting, committee members were unanimous that Regmi should not return. “Petitions challenging both his appointments as executive and decisions taken thereafter remain sub judice in the apex court. How can he come back and assign cases?” asked former NBA General Secretary Raman Kumar Shrestha.
The meeting also took stock of the performance of current judiciary led by Acting CJ Damodar Sharma. “The current leadership also needs to be evaluated,” said former NBA General Secretary Bijaya Mishra. As for possible protest programmes, there were mixed reactions, with some suggesting mere expression of concern while others called for strong action including boycotting of the bench. The NBA executive committee is scheduled to meet on Monday to decide on the protest programmes.
NBA officials maintain that the possibility of Regmi returning to the court is high. “He (Regmi) could come back to apex court immediately after the Parliament elects prime minister on Monday. As per our information he could join either on Tuesday or Wednesday,” said a senior NBA office bearer requesting anonymity.
The umbrella organisation of lawyers has been maintaining that Regmi assuming the role of executive while keeping his position of CJ would compromise on the principle of separation of power. The NBA had termed March 14, the day Regmi assumed executive position, as “black day” in the history of Nepali Judiciary. Seven petitions challenging Presidential decree that paved the way for Regmi's appointment remains sub judice in the apex court. There are also petitions before the court challenging the decisions of the Regmi-led government.
If Regmi returns to the court then Acting CJ Damodar Sharma will go on leave until Regmi retires on June 5, according to sources. If Regmi comes back then he may not preside over any bench and only deal with administrative business of the court. Other options before Regmi could be to go on leave after registering his attendance until his retirement. But members of Regmi's Secretariat said that he has not said anything clearly about his move. “Chairman always states that he will take decision at the last hour,” said a Secretariat source.




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