Legal Development in Nepal

Constituent Assembly Court Established

Nepalnews reports here that CA Court has been established. In our earlier post, we had told you that CA Court will be headed by Hon’ble justice Anup Raj Sharma of Supreme Court of Nepal.

The cabinet, on Sunday, has formed the Constitutional Court to hear disputes and complaints regarding the election.

The cabinet formed the court as per the recommendation by the Judicial Council.

Anup Raj Sharma, a Supreme Court judge will head the court. The court will include two members – Tapa Bahadur Magar and Ram Kumar Prasad Shah – both of whom are judges at the apex court.

Nahakul Subedi, co-registrar at the Council, has been appointed as registrar at the Constitutional Court.

The Constitutional Court has been formed as per the special act passed by the parliament.

Another small news is here from Kantipur which reports that lawyers’ meet has adopted 13 points declaration in a national conference.

Some five hundred lawyers, who had gathered here for a three-day national conference that concluded on Sunday, unanimously decided to be active and committed to ensuring that the April 10 election to a Constituent Assembly (CA) is held in an impartial and fearless manner.

Similarly, the conference adopted a 13-point declaration, mandating Nepal Bar Association (NBA) to advocate constitutionalism, judicial independence, fundamental rights, pluralism, and periodic and competitive election after the CA election.

The conference also recommended that the demands of Madhes and Janajatis be resolved through talks, besides mandating NBA to play a role in mediating between the government and agitating groups.

The lawyers also expressed concern over hindrances to enjoyment of press freedom while urging the concerned parties not to interfere with independence of media.

The commitments expressed in the comprehensive peace accord should be respected by all concerned parties, the conference said in its declaration. Similarly, the conference suggested that all agreements between the government and agitating groups should be implemented completely.

Likewise, lawyers also decided to ask armed groups in the tarai to stop violence, terror and extortion.

Speaking at the concluding session of the conference, NBA President Bishwa Kant Mainali said that the April-10 election should not be postponed under the pretext of security. “Elections have been held even in countries worst hit by conflicts,” Mainali said.


3 Responses

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  1. aAkaR said, on February 13, 2008 at 12:25 pm

    it’s nice that court established…………..may CA elections would be fair………..

  2. nepaleselaw said, on February 13, 2008 at 12:32 pm

    Thank You for your comments Aakar. Let’s all hope that there will be a free and fair election and if court is called for any decision, it acts independently.

  3. aAkaR said, on February 14, 2008 at 2:32 pm

    By the way, I’ve some confusion. ……………
    आत्मनिर्णय को अधिकार भनेको के हो ?।।।।।।।
    मैले थाहापाएसम्म यो, अरु को उपनिवेश मा रहेका देश ले पाउने अधिकार हो । तर किन नेपाल मा सबैले (आन्दोलनकारी समुह) ले यो अधिकारको माग गरिरहेका छन् ? मैले यस सम्बन्ध मा लेख्न खोजेकोले , यो प्रश्न सोधेको हुँ , जवाफ को आशा राखेको छु ।



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