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Bar association criticises government for defying court order on envoy recall
The umbrella body of Nepali lawyers calls the government decision ‘arbitrary’.Post Report
Nepal Bar Association, which questioned the formation of the Sushila Karki government and the House dissolution, has taken a serious exception to the government’s move to recall the ambassadors against a ruling of the Supreme Court.
On October 16, a month after its formation, the interim government asked Nepal’s ambassadors to China, Germany, Israel, Malaysia, Qatar, Russia, Saudi Arabia, Spain, the United Kingdom, the United States, and Japan to return home by November 6.
The decision was challenged in the Supreme Court. After a preliminary hearing on Sunday, a division bench of the top court directed the government not to implement the decision until the court passes a final verdict.
However, the government led by former chief justice Karki, ignoring the ruling, has asked the envoys to be in Nepal by November 6. They have been ordered to report at the Ministry of Foreign Affairs regularly after their arrival in Kathmandu.
The umbrella body of lawyers across the country has taken the decision as arbitrariness of the government led by the former chief justice.
“The act of indirectly disobeying or failing to comply with a court’s verdict or order promotes arbitrariness,” the association said in a statement. “We sincerely urge everyone concerned not to engage in any activity that could undermine public trust in the judiciary and to fully comply with the court’s verdicts and orders.”
The bar states that while healthy and scholarly discussions can be held regarding court decisions or orders, everyone must comply with them, either directly or indirectly.
“Based on the constitutional provisions, the principles of constitutionalism, the concept of an independent judiciary, and Article 128 (4) of the constitution, any act, direct or indirect, that seeks to produce a result contrary to a court order not only constitutes contempt of court but also undermines the rule of law.”
The association has remained critical of the Karki government’s formation and the dissolution of the House of Representatives. President Ramchandra Paudel, on September 12, appointed Karki the interim government’s prime minister. The same night he dissolved the House of Representatives on the prime minister’s recommendation.
The association described the decision as a breach of the constitutional limit. It said the decision not only went against constitutional provisions but also weakened democratic values and the rule of law.
“This action poses a direct challenge to constitutionalism, constitutional supremacy, and the legal foundation of the state,” it had said, adding that the dissolution could seriously damage Nepal’s democratic achievements. The dissolution could lead to the erosion of hard-won gains of democracy, republicanism, and inclusive federalism, it had cautioned.
Bijay Prasad Mishra, president of the association, is one of the lawyers pleading the petitions by the ambassadors and those demanding restoration of the lower house.
In a show-cause notice, the constitutional bench of the top court has directed the President and the prime minister to furnish written clarification on the dissolution. A final hearing will begin after they submit their clarifications through the attorney general’s office.
Sixteen writ petitions are pending with the chief justice-led bench.




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