He has argued that judiciary should not be experimented with as and when constitution is being written.

Speaking at a programme organised by the Nepal Bar Association (NBA) in the Capital on Thursday, Shah said experimenting with the judiciary could threaten its very existence. “Rather than following the constitutionalism, Constituent Assembly members are trying to frame the judiciary to their convenience,” he said.  

Citing the Indian experience, Shah added that even if there are regime changes, certain institution and their structure, including the judiciary remains in tact. “Indians retained the same structure of the judiciary handed down by the British even after independence.”

Remarks from the senior justice follows recent ‘turf war’ between judiciary and legislature over the recommendation of eight nominees for the Supreme Court justices. The Judicial Council, body mandated with recommending judges, had snubbed the call from Parliamentary Hearing Special Committee to appear before it to explain the nominations.

Later, responding to a petition, the apex court issued an order stating that the council need not appear before the committee as constitution dose not envision such provision.

In another context, Justice Shah maintained that the government could not come up with a convincing defence on the nomination of 26

lawmakers.

“We had given them around five months. But the government failed to put its case,” he said.

A division bench of the apex court consisting of Justice Shah had on May 13 asked the government to fill the vacant positions in the Constituent Assembly within 15 days. The government has filed a review petition against the court order.

Speaking at the programme, former NBA Chairman Biswokant Mainali had called for scrapping the provision of nominating the lawmakers.

Mainali also lamented that the recent appointment of justices to the apex court

excluded lawyers.

CJ Sharma ‘skips’ NBA event

Chief Justice Damodar Sharma on Thursday skipped a Nepal Bar Association (NBA) programme where he was invited as special guest. Sharma expressed his inability to attend the event through an SMS, citing a special reason for his absence. NBA General Secretary Sunil Pokharel read out his message, wishing success for the programme. The Chief Justice, however, attended the Republic Day programme on Thursday morning just a stone’s throw away from the NBA programme venue. Prime Minister Sushil Koirala, who was also at the Republic Day function, was the chief guest at the programme.