Nepal Maoists for election of judges

POST B BASNET KATHMANDU, June 29, 2009

Reversing the provisions in its earlier draft proposal on the new constitution, the Unified CPN (Maoist) has proposed a judiciary in which judges will be elected from the People´s Assembly. The party has also proposed that the final interpretation of the constitution should be done by the People´s Assembly. “We worked on our experience and have proposed a model so that people would have excess to the system and get justice quickly,” said Maoist CA member Prabhu Sah, who heads the Committee to Determine the Form of Judicial System under the Constituent Assembly. The committee will witness raging debates from Monday as committee members from other political parties are vehemently opposing the Maoist proposal. The committee will go for a vote if the members fail to reach consensus. The Maoist party in its earlier draft proposal, which was presented in the Constitutional Committee of the Constituent Assembly, had floated a judiciary in which the judges will be appointed by the executive president with approval from the parliament. In the Maoist proposal, according to Sah, the People´s Assembly will fix certain qualifications for judges, announce vacancies and elect them on proportional basis. The party has also proposed that the final interpretation of the constitution is subject to the People´s Assembly. Members of the assembly will be elected from mixed proportional basis. Going by the Maoist proposal, judges will be prevented from making decisions arbitrarily and they will be responsible to the People´s Assembly. The CA committee has already agreed that the country should adopt a three-tier judiciary — Federal Supreme, provincial, and district. In the Maoist proposal, the judges in these courts will be elected from the people´s assemblies at their levels — Federal, Provincial and District. The Maoist model closely resembles the Chinese judiciary. Earlier, the Maoists had also reversed their earlier stance on the election of executive president. They party had earlier proposed direct election for the executive president, but later demanded that the country go for indirect election of executive president through the People´s Assembly.

Published on 2009-06-29 00:00:53 on www.myrepublica.com

Britain Nepal Lawyers Association Welcome Nepal’s Chief Justice

Prof. Bharat Bahadur Karki appointed Attorney General

President Dr Ram Baran Yadav has appointed Professor Bharat Bahadur Karki as the new Attorney General of Nepal, Tuesday.

The President appointed Karki as the AG of the Federal Republic of Nepal as per the recommendation of Prime Minister Madhav Kumar Nepal.

The position had fallen vacant after the erstwhile Attorney General Raghav Lal Vaidhya resigned soon after the fall of the Maoist government. nepalnews.com Jun 16 09

CCTV drive in Valley courts to begin from CJ’s chamber

	KIRAN CHAPAGAIN www.myrepublica.com KATHMANDU, May 15: Newly-appointed Chief Justice Min Bahadur Rayamajhee, during his confirmation hearing last Thursday, made a commitment to install close circuit television (CCTV) in the Valley-based courts to check possible irregularities. He repeated his commitment in his address to the media in the brief press conference after he assumed the top judicial post. But the Supreme Court has its own story about CCTV which is circulating among court staffers but has not yet reached the public ear. The story is about some corrupt and fearful court staffers who had earlier deliberately disabled a CCTV camera. The Supreme Court, as former registrar Shree Prasad Pandit says, had introduced a CC TV at the Revision and Review Section on a trial basis some four years ago. Fearing possible resistance from court employees, Pandit had got the technology installed on a public holiday. “I wanted that the court employees did not notice the CCTV installed in the section,” said Pandit. As the head of the judicial administration then, Pandit was happy that he would be able to monitor the work and activities right from his office room. But his happiness was short-lived. “I came to know in a couple of days that the CCTV was broken,” Pandit recalled. A court official who witnessed the technology broken said that his colleagues were frightened by the installation of the CCTV as it would, in their reading, record their irregularities, delays and absence from desks. “Our colleagues had defended their wanton act arguing that if their work and activities were to be monitored, the work of judges and high-ranking officials should first be monitored in CCTV” the official, who wanted to be unnamed, said. “In my opinion, they were right because the judges and high-ranking officials wanted to curb petty bribes by installing the CCTV.” Two years ago, incumbent Registrar Dr Ram Krishna Timalsena also got six CCTVs set up in different sections. But court officials broke two CCTVs. The CCTVs remain non-functional till date. A junior court official said CCTV will help check petty corruption by court officials and that the fresh CCTV initiative is also likely to face resistance from them. But this time around, Dr Timalsena is optimistic. “The new chief justice has announced that CCTVs will be installed in courtrooms as well, making it easier for us to implement the technology this time,” said Dr Timalsena. Chief Justice Rayamajhee is also aware of this story of CCTV at the Supreme Court. So he plans to begin the CCTV installation initiative right from his chamber. “This drive will begin right from my chamber so that others could not complain about being monitored through CCTV,” Rayamajhee said during his confirmation hearing last Thursday. As the court was preparing to begin its fresh CCTV initiative, broken CCTV sets installed in the past were to be seen seen hanging from the walls inside the Supreme Court building. kiran@myrepublica.com
Published on 2009-05-15 00:00:03

Dual Citizenship for NRN in the Constitution of Republic of Nepal

The fundamental rights committee of the CA has agreed to propose inclusion of the provision of Dual Citizenship in the Constitution. It has proposed provision similar to the Overseas Indian Citizenship. It prohibits people with such citizenship from exercising political power, holding public positions and having voting rights. Apart from that they enjoy all other rights as a Nepali citizen.

Britain Nepal Lawyers Association expresses its concern over the current constitutional crisis

Britain Nepal Lawyers Association expresses its concern over the current constitutional crisis in Nepal. It has urged the President, Political Parties and all concerned to act wisely for sustainable peace, restore law and order and move forward towards the path of constitution making.

वेलायती कानून व्यवसायीद्वारा नेपालका घटनाक्रमप्रति चिन्ता व्यक्त

लण्डन / नेपालको वर्तमान राजनीतिक घटनाप्रति वि्रटेन नेपाल लयर्स एसोशिएनले गम्भीर चिन्ता प्रकट गरेको छ । राष्ट्रपतिले संवैधानिक कानूनको सिद्धान्त र परम्पराबाट विमुख नभई नेपालको लोकतान्त्रीकरणमा सहयोग पुर्‍याउनु आजको ऐतिहासिक दायित्व भएको भन्दै एशोसिएसनले त्यही दायित्व अनुसार राष्ट्रपतिलगायत सबै राजनीतिक दलका नेताले मुलुकको दीर्घकालीन हितका लागि जिम्मेवारी पुरा गरुन भन्ने अपिल गरेको छ ।बि्रटेन नेपाल लयर्स एसोसिएसनको ४ मेमा बसेको बैठकले संस्थाको विधान पारित गर्दै विभिन्न निर्णयहरु गरेको छ । एशोसियसनको कार्यसमितिको निर्वाचन आगामी २९ अगस्तमा गर्ने निर्णय सहित हाललाई प्रा.डा. सूर्यप्रसाद सुवेदीको सभापतित्वमा कार्यकारी समिति गठन गरेको छ ।एशोसिएसनको कार्यकारी समितिको उपसभापतिमा सुनिल अधिकारी, महासचिवमा राजु थापा, कोषाध्यक्ष र प्रवक्तामा महेशकुमार दाहाल र सहसचिवमा अमृत खरेल चुनिनु भएको छ ।
त्यसैगरी सदस्यहरुमा कीर्तिविलास पन्त, देवेन्द्र श्रेष्ठ, दीपेश श्रेष्ठ, दीपक भट्टराई, उमेश मोक्तान र उमेशविक्रम शाह चुनिनु भएको छ । एशोसिएसनको बैठकले चुनाव समिति समेत तय गरेको छ । सुरेन्द्र श्रेष्ठको संयोजकत्वमा गठित चुनाव समितिका अन्य सदस्यहरुमा प्रकाश पोखरेल, नविन पौडेल र रुपक मल्ल रहनु भएको छ ।नेपाल कानून व्यवसायीहरुले वेलायती न्यायालयमा कानूनी व्यवसायका लागि मान्यता प्राप्त गर्न आवश्यक पहल गर्नका लागि सुनिल अधिकारीको संयोजकत्वमा देवेन्द्र श्रेष्ठ र अमृत खरेललाई जिम्मा दिइएको छ ।

ANLUS Congratulates Advocate Dilli Raj Bhatta on passing NY Bar Exam

ANLUS Congratulates Advocate Dilli Raj Bhatta on passing NY bar Exam held on February 2009. Attorney Bhatta passed Bachelor of Law from Nepal Law Campus, Tribhuwan University in 2000 and LLM from Cardozo School of Law, New York in 2008.

He can be reached at dibh0077@gmail.com.

PRESS RELEASE
For release on May 5, 2009

The New York State Board of Law Examiners announced today that grading has been completed for the February 2009 bar examination. Graduates of ABA-approved law schools taking the examination for the first time passed at the rate of 73.3%, while foreign-educated first-time candidates had a passing rate of 37.1%. The Board examined 3,560 candidates in February, a record 44.1% of whom were foreign educated. The passing rate for all candidates, including U.S. domestic-educated and foreign educated candidates, both first-time and repeat takers, was 41.7%. Candidates were given electronic notification of their examination results on Tuesday, May 5, 2009.  A complete list of candidates passing the February 2009 bar examination will be made available to the public on the Board’s website, at www.nybarexam.org, at 9:00 am on Wednesday, May 6, 2009. Successful candidates are certified for admission to the Appellate Division and must appear before the Committee on Character and Fitness appointed by the

appropriate Appellate Division to be examined as to their character and fitness before being admitted to the bar. Candidates are not certified for admission until the Board receives proof that they have successfully completed the Multistate Professional Responsibility Examination as required by the Rules of the New York State Court of Appeals for the Admission of Attorneys and Counselors at Law. The Board congratulates the candidates who were successful on the February 2009 bar examination.

Press release at http://www.nybarexam.org/Docs/Feb09_PressRelease.pdf

Result at: http://www.nybarexam.org/ExamResults/Feb2009Results.htm

Rayamajhee named new CJ

The Constitutional Council has recommended senior justice of the Supreme Court Min Bahadur Rayamajhee as the new Chief Justice.

Min Bahadur Rayamajhee (Photo source : supremecourt. gov.np)

A meeting of the Council held Wednesday afternoon recommended Rayamajhee’s name based on seniority for the top judicial position.

Incumbent CJ Kedar Prasad Giri is retiring on May 4 after completing 65 years of age. According to the interim constitution a CJ must retire after completing 65 years of age.

Earlier, the Supreme Court had forwarded the names of six eligible justices – Anup Raj Sharma, Ram Prasad Shrestha, Khil Raj Regmi, Bala Ram KC, Top Bahadur Magar and Rayamajhee – for the post of CJ.

The CC has upheld the tradition of appointing the senior most among the eligible justices by recommending Rayamajhee’s name. There were speculations that such tradition would be broken as Maoist leaders had been saying the new CJ would be appointed based on caliber rather than seniority. nepalnews.com ta Apr 29 09

Maoists favor Sharma over Rayamajhee as CJ

	KIRAN CHAPAGAIN KATHMANDU, APRIL 29: Prime Minister and Chairman of the Constitutional Council (CC) Pushpa Kamal Dahal postponed a decision on choice of new chief justice during Monday´s CC meeting even though a majority of CC members wanted to pick justice Min Bahadur Rayamajhee as the new chief justice. Sources said that the prime minster did so because the Maoists want justice Anup Raj Sharma for top judicial post that is going to be vacant on May 3 when Chief Justice Kedar Prasad Giri retires. At Monday´s meeting held at the prime minister´s residence, four out of six CC members had wanted to choose Justice Rayamajhee as chief justice. But Prime Minister Dahal and Law Minister Dev Prasad Gurung remained silent on the name of Rayamajhee. Then the meeting ended inclusively. As the CC members came out of the meeting, they told mediapersons that the CC could not take any decision on the new chief justice as Agriculture Minister Jaya Prakas Prasad Gupta was absent. The meeting was called off till Tuesday afternoon. Sources at the CC said Chairman of the Constituent Assembly Subas Nemwang had proposed the name of justice Rayamajhee as the next chief justice at the very outset of the meeting, arguing that the tradition of picking the senior-most justice for the top judicial post should be followed this time as well. Justice Sharma (left) and justice Rayamajhee. Following this Chief Justice Kedar Prasad Giri, Deputy Prime and Home Minister Bam Dev Gautam and Nepali Congress leader Ram Chandra Poudel, who represented opposition leader Girija Prasad Koirala at the meeting, supported Nemwang´s proposal. But the prime minister and the law minister remained silent over the majority-backed proposal. Then Nemwang urged the meeting to take decision on Rayamajhee at the meeting. Then, Law Minister Gurung proposed to postpone the decision, arguing the decision should not be taken as Agriculture Minister Gupta, who was supposed to represent Foreign Minister Upendra Yadav at the meeting, was absent. But Nemwang continued to press that the decision on Rayamajhee should be taken right during the meeting. Then the prime minister postponed the meeting till Tuesday afternoon, knowing that he and the law minister were in minority. During the discussion, the prime minister and the law minister did not reveal their preferred name to head the judiciary. Sources who are advising the prime minister on the matter told myrepublica.com on Tuesday that the prime minister called off Tuesday´s meeting deliberately because he wanted time to create a favorable environment for picking Justice Sharma for the top job. The meeting was postponed at a time when the chief justice and the chairman of the Constituent Assembly had already reached the prime minister´s office. They were told that the prime minister could not come at the meeting because he was busy in parleys with political parties over the army chief row. “We came to know the stance of the CC members from Monday´s meeting. So, we need more time to create environment for picking Justice Sharma as Giri´s successor. Tuesday´s meeting was postponed accordingly,” the source said. Law Minister Gurung has already made it public that the CC is not compelled to follow the tradition of seniority while selecting chief justice. He has further said that the CC is free to choose out of six Supreme Court Justices eligible for the post. Knowledgeable sources close to the Maoist party said that the Maoists have reservations over Rayamajhee’s name. The sources said that the Maoists are not happy with Rayamajhee´s role in recent appointments at the Supreme Court and the appellate court chief judges. They have accused him of backing judges with questionable backgrounds while making the appointments. Besides, they have doubts about Rayamajhee´s commitment to loktantra [democracy] and the changes that have taken place in the country in the country in case the country faces an untoward political incident after he becomes the chief justice. “The Maoists want clean and competent judge who can embrace loktantra and political change. For Maoists, Justice Sharma is the ideal candidate” said the Maoist source. Justice Rayamajhee is the senior-most justice while justice Sharma is the second in the rank. Both justices had played significant role in upholding people´s fundamental rights during the king´s direct rule in 2005. They were key in passing the landmark judgments of dissolving the king-formed Royal Commission for Corruption Control in February 2006 and restoring the rights of FM radios to broadcast news. Justice Rayamajhee is a career judge while justice Sharma has lawyer´s background. In the meantime, a split has been seen in Nepal Bar Association (NBA) over the appointment of the new chief justice. NBA General Secretary Raman Kumar Shrestha, who is close to the Maoist party, boycotted NBA´s function for judicial independence, on Monday and Tuesday. “I was not consulted for the function,” he said when asked about why he did not attend the NBA functions. Lawyers close to the Maoists said that the functions were organized to shore support for Rayamajhee. But, NBA faction led by President Bishwa Kanta Mainali said that they organized the function to protect judicial independence that is under threat from the Maoists. kiran@myrepublica.com
Published on 2009-04-29 00:00:01