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Chief Justices

JC probes 70 judges for corruption ~ BIMAL GAUTAM @ myrepublica.com

  • JC uncovers investigation against appellate and district court judges
  • 60% district and 40% appellate court judges under scanner
  • 30% judges accused of bribery
  • We will make public names of judges found guilty: CJ Sharma

Chief Justice Sharma claimed that he “will not leave any stone unturned” to curb irregularities in the judiciary and to render the judiciary´s image “clean.”

http://myrepublica.com/portal/index.php?action=news_details&news_id=15381

SC Clears Path for Upper Karnali 300MW Hydroelectricity Project

Source: http://www.kanunisanchar.com

[ 14th of March ] Refusing to issue a stay order in the Upper Karnali Hydropower Project case, the Supreme Court on Thursday permitted the government to go ahead with the implementation of the understanding reached with Hyderabad-based GMR Energy Limited on the 300-MW power project.

A division bench of Chief Justice Kedar Prasad Giri and Justice Ram Kumar Prasad Shah refused to issue a stay order, and said the constitutional and legal questions raised by the petitioners will be settled by the court while delivering a final verdict on the case.

“The question whether the understanding needed a parliamentary approval or not will be decided while delivering the final verdict,” the bench stated.

The bench said: “Though the water flowing in a river is a natural resource, further discussion is required to decide on whether electricity generated from it is a natural resource or not, and whether an MoU signed with any national, international or joint venture company is a treaty or not.”

Advocates Bal Krishna Neupane, Borna Bahadur Karki, Tika Ram Bhattarai, Bhimarjun Acharya and Kamal Nayan Panta pleaded on behalf of the petitioners while Attorney General Yagya Murti Banjade and Deputy Attorney General Narendra Prasad Pathak defended the government.

Advocates Bharat Raj Upreti, Sushil Kumar Pant, Anil Kumar Sinha and Amarjivi Ghimire pleaded on behalf of the GMR Energy Limited. Gorakha Bahadur BC of Kalikot and Ram Singh Rawal of Surkhet had jointly challenged the understanding reached between the government and the GMR Energy Limited to generate 300-MW hydropower from the Karnali River.

The counsels of the petitioners claimed that the signing of the agreement between the government and the GMR limited was unconstitutional. They also claimed that it was treaty related to sharing of a natural resource, and that the government violated the constitution by not seeking a parliamentary approval for it. The constitution says any treaty related to sharing of natural resources must be approved by a two-thirds majority of the parliament.

The government however claimed that the MoU was not related to sharing of natural resources and it did not need a parliamentary approval.

Judicial code of conduct of int’l standard ready

Kathmandu Post | Kiran Chapagain, Advocate.

 

Kathmandu, March 14 – Judges of the country are, for the first time, getting a code of conduct of international standard amidst realization that the existing code is obsolete.The nine-page code of conduct obtained by the Post has eight main heads detailing  what judges should and should not do to uphold judicial independence, impartiality and people’s faith in the judiciary.

It says that judges should not come into “inappropriate” contact with members of the executive and legislature.

A seven-member committee led by Justice Khil Raj Regmi finalized the code of conduct last Friday and handed it over to Chief Justice Kedar Prasad Giri. Giri is currently studying the code before presenting it to the Full Court, the apex policy making body of the judiciary, for its endorsement. The Full Court is expected to convene next week. The committee prepared the code of conduct upon realization that the existing code of 1998 did not meet international standards.

The code of conduct further says that judges should be impartial not only while passing verdicts but also in the whole judicial process prior to the verdict. It demands that judges  be committed to judicial work.

“A judge should not let lawyers run their offices at his residence or meet parties to subjudice cases at his residence,” the code of conduct states.

The existing Code of Conduct for Judges1998 is silent in this regard though the international code of conduct for judges clearly prohibits judges from meeting with parties to cases at their residences.

This issue became a matter of national debate last July when the Post ran a story of former Chief Justice Dilip Kumar Poudel meeting parties to cases at his official residence at Baluwatar, Kathmandu.

The code of conduct has been prepared on the basis of The Bangalore Draft of Judicial Conduct 2001 and its amendment in 2006 by the Economic and Social Council.

Besides Judge Regmi, justices Ram Kumar Prasad Sha, Rana Bahadur Bam, Dr Ananda Mohan Bhattarai, Narayan Dahal and Judicial Council Secretary Prakash Kumar Dhungana were involved in preparing the code of conduct.

Judiciary up for restructuring

Judiciary up for restructuring

BY KIRAN CHAPAGAIN

 

KATHMANDU, Dec 7 – The judiciary has geared up for restructuring, keeping in mind the federal system of governance that is likely to be adopted after elections to the constituent assembly.A high-level committee headed by Chief Justice Kedar Prasad Giri formed a committee Thursday to suggest modalities for the judiciary under a federal system. The 11-member committee headed by Supreme Court Justice Anup Raj Sharma has been assigned to study the structure, model and jurisdiction of the judiciary under federalism, according to Hemanta Rawal, joint-spokesperson of the Supreme Court (SC).

The committee comprises judges, senior bureaucrats, lawyers and academicians. They include SC Justice Kalyan Shrestha, Attorney General Yagya Murti Banjade, Judge Keshari Raj Pandit, Law Secretary Dr Kul Ratna Bhurtel, and SC Registrar Dr Ram Krishna Timalsena. Similarly, the other members are Prof. Dr. Kanak Mani Thapa, advocate Purna Man Shakya and representatives from Nepal Bar Association and the Supreme Court Bar Association. Judicial Council Secretary Prakash Kumar Dhungana has been designated member-secretary of the committee.

The committee was constituted informally in July but was awaiting the approval of the Chief Justice.

“The committee has been formed as per the spirit of the Interim Constitution regarding state restructuring,” Rawal said.

The Interim Constitution has clearly stated in its preamble that the state shall be restructured to address problems related to class, race, region and gender, while adopting federalism.

In the meantime, Justice Sharma, talking to the Post, said that the committee would begin its work immediately after its members are given the letter setting out their mandate. Justice Sharma further said that the committee would study the constitutions and judiciaries of countries with federal set-ups, namely the United States and Germany. “Besides, we will visit those countries to study their judiciaries. We will also hold discussions with civil society and political scientists.”

The committee will give such suggestions for restructuring the judiciary that it would fit into any type of federalism, be it based on geography, caste or language, Justice Sharma added.

Established in 1956, Nepal’s judiciary currently has three layers of courts — district court (trial courts), appeallate court and Supreme Court. The set-up has remained unchanged to date.

Govt committee prepares ToR for state restructuringThe government has initiated necessary preparation to execute its commitment to restructure the future state.

A high-level committee, formed under the Prime Minister’s Office (PMO) some seven days ago, has prepared a preliminary draft of the Terms of Reference (ToR) for the to-be-formed State Restructure Commission.

Madhav Poudel, secretary at PMO, who is a member of the three-member committee, said the committee would complete its final draft by next week.

“The ToR for the State Restructure Commission is based on the current interim constitution, which has provided

for equal representation on the basis of gender, region, caste, language, culture and others,” Poudel said.

The committee has stressed national harmony and integrity as major bases for the federal structure of the state.

SC’s idea of registrar-general’s post gets finance ministry’s nod

SC’s idea of registrar-general’s post gets finance ministry’s nod

 

[ 5th of December ] The finance ministry has approved the proposal of the Supreme Court (SC) to have a new post of registrar-general that is equal in power to equivalent posts in the executive and legislature.

Besides this, the ministry has also approved adding 172 more posts, including four joint-registrars, 35 deputy registrars and others, Hemanta Rawal, deputy registrar of the Supreme Court, said on tuesday.

“Two pillars of the state ? the executive and legislature ? have chief secretary and general secretary as the highest posts respectively. To create a position at the same level in the judiciary, another pillar of the state, the Supreme Court had proposed having the post of registrar-general,” Rawal said.

He said that the Supreme Court received the letter about the approval from the ministry yesterday. According to him, the finance ministry has now forwarded the file to the ministry of general administration.

The Supreme Court had proposed to the finance ministry to have the posts last year under the five-year strategy plan of the Supreme Court.

“After the ministry of general administration gives the final approval to the proposal, it will help make the justice delivery system prompt and more effective,” Rawal added.

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