I/III. http://kathmandupost.ekantipur.com/news/2017-05-06/move-assault-on-human-rights-says-ohchr.html
Move assault on human rights, says OHCHR CJ impeachment motion - Post Report, Kathmandu May 6, 2017- UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein has condemned the move to impeach Chief Justice Sushila Karki, warning that such actions suggest a “concerted attempt by government to undermine the independence of the judiciary”. Issuing a statement on Friday, Zeid urged the Nepal government to respect the independence of the judiciary and withdraw the impeachment motion. “I urge the Nepal authorities to respect the independence of the judiciary, to withdraw what appears to be a politically motivated impeachment motion and to commit to the processes of transitional justice and accountability that are so important if Nepal is to overcome the tragic legacy of its conflict,” Zeid said. “Chief Justice Sushila Karki has been instrumental in a number of high-profile and politically sensitive decisions, and therefore the attempt to remove her gives rise to serious concerns about the government’s commitment to transitional justice and the rule of law,” said Zeid in a statement. This suggests a fundamental misunderstanding regarding the role of an independent judiciary, the High Commissioner noted. “Recent rulings by the Supreme Court have been critical in advancing human rights in Nepal, assisting victims seeking justice for the crimes and serious human rights violations committed against them,” Zeid said. Two ruling parties--Nepali Congress and CPN (Maoist Centre)--had filed an impeachment motion against CJ Karki on April 30, alleging that she had interfered with the prerogatives of the executive. The motion was presented before the Legislature-Parliament on Friday. However, no deliberation could be held on it due to obstruction from the opposition parties including the CPN-UML, Rastriya Prajatantra Party, and Nepal Loktantrik Forum. Published: 06-05-2017 08:32 II/III. http://kathmandupost.ekantipur.com/news/2017-05-06/ruling-coalition-objects-to-apex-court-ruling.html Ruling coalition objects to apex court ruling Says order violates lawmakers’ ‘special rights’ - TIKA R PRADHAN, Kathmandu Top NC and Maoist Centre leaders have decided to hold further discussions before taking a decision on the matter May 6, 2017- After the Supreme Court rapped on the knuckles of the ruling coalition by issuing an interim order against an impeachment motion against Chief Justice Sushila Karki, top leaders of the Nepali Congress and the CPN (Maoist Centre) hit back at the apex court, saying Friday’s ruling has “but confirmed that it is interfering in the executive’s jurisdiction”. Prime Minister and Maoist Centre Chairman Pushpa Kamal Dahal and NC President Sher Bahadur Deuba held a meeting soon after a single bench of SC Justice Cholendra Shumsher Rana ruled the impeachment motion against Karki unconstitutional and ordered the Legislature-Parliament to put the issue on hold. NC lawmaker Min Bahadur Bishwokarma, the proposer of the impeachment motion, said after the meeting that the two leaders “have concluded that the apex court not only interfered in the executive’s jurisdiction but also breached the constitutional rights of elected lawmakers by issuing an interim order against the move”. “The ruling lacks legal basis and has undermined parliamentary supremacy; the order was issued on the basis of emotion,” he said. Asked about the next move of the ruling coalition, Bishwokarma said the two leaders will hold further discussions before taking a decision on the matter. “The order is part of a grand design aimed at derailing federalism,” he said. Maoist Centre Spokesperson Pampha Bhusal also claimed that the SC’s interim order was part of conspiracy “to foil the scheduled polls, which would ultimately derail the constitution implementation process”. “The ruling coalition would strongly work to uphold the supremacy of Parliament,” said Bhusal. With the SC ruling, the NC and the Maoist Centre, which have accused Chief Justice Karki of interfering in the executive’s jurisdiction, are under pressure, as there have been calls from several quarters that they must withdraw the motion immediately on moral grounds. However, Maoist Centre lawmaker Ram Narayan Bidari refused to agree. He was of the view that the apex court “cannot breach the special rights of elected lawmakers, hence Parliament does not need to abide by the interim order”. “The Legislature-Parliament can quash the order by sending a letter to the apex court,” he said. Some political parties that were critical of the NC-Maoist move of filing the impeachment motion against Karki have welcomed the apex court ruling. CPN-UML Chairman KP Sharma Oli, who had vehemently objected to the ruling coalition’s move, said “partial justice has been delivered to Chief Justice Karki”. Similarly, Rastriya Prajatantra Party Chairman Kamal Thapa tweeted: “The latest apex court ruling on the impeachment motion is a welcome move.” The RPP pulled out of the government on Monday, a day after 249 NC, Maoist lawmakers registered the motion. Published: 06-05-2017 07:51 III. http://kathmandupost.ekantipur.com/news/2017-05-06/sc-stays-impeachment-motion-against-karki.html SC stays impeachment motion against Karki Terms NC-Maoist move unconstitutional, reinstates her as chief justice - Binod Ghimire, Kathmandu It appears that the impeachment motion was brought in relation to an apex court order on the appointment of chief of Nepal Police, which is sub judice in this court, but the move, prima facie, is against the spirit of the constitution May 6, 2017- The Supreme Court (SC) on Friday issued an interim order against an impeachment motion against Chief Justice Sushila Karki and directed the Legislature-Parliament to put the motion on hold, allowing the first female head of the judiciary to return to the bench. With the precedent-setting apex court order, the ruling Nepali Congress-Maoist Centre alliance, which had drawn flak from several quarters for its move to impeach the chief justice, has come under immense pressure. Karki, who stood suspended following the registration of the impeachment motion as per the constitutional provision, returned to the court on Friday itself. She, however, is set to resume work from Sunday. Responding to a writ petition filed by advocates Sunil Ranjan Singh and Kanchan Krishna Neupane, a single bench of Justice Cholendra Shumsher Rana stayed the impeachment motion, saying “the move to impeach the chief justice is against the spirit of the Constitution of Nepal”. It appears that the impeachment motion was brought in relation to an apex court order on the appointment of chief of Nepal Police, which is sub judice in this court, but the move, prima facie, is against the spirit of the constitution, the bench observed. “Hence, as per Rule 41 (1) of the Supreme Court Regulations, the court orders the defendants to put the impeachment motion on hold until a final decision on this petition that seeks to stay the issue,” the bench added. As many as 249 lawmakers from the NC and Maoist Centre on Sunday had registered the impeachment motion against Karki, charging her with interfering in the executive’s jurisdiction. Of the nine charges they had levelled against Karki, one was related to a March 21 ruling, in which the apex court had quashed a February 12 government decision of appointing Jay Bahadur Chand as the chief of Nepal Police. The ruling coalition’s move to impeach Karki had met with severe criticism from several quarters, with many accusing it of attacking the independence of the judiciary. “The order is very much balanced as the move to impeach the chief justice was in clear violation of the rules that bar discussions on a sub judice case,” Bipin Adhikari, a constitution expert, told the Post. “This shows the move of NC and Maoist lawmakers was unconstitutional; they must apologise for their act.” Adhikari also dismissed charges, levelled by some sections, that the apex court was involved in “judicial activism”, saying “working in the spirit of the constitution cannot be termed activism”. Unlike other court rulings, which in general are full of legalese, Friday’s order by Justice Rana, however, is mixed with a tinge of emotion. “My heart is heavy and restless as I issue this interim order,” it reads. “I have felt and seen the morale of justices of this institution going down since the day the impeachment motion was registered,” the text of Rana’s ruling reads. Interestingly, Justice Rana, who ruled against the motion that sought to impeach Karki, had once come under Karki’s radar back in 2012. While convicting then sitting minister Jaya Prakash Gupta of corruption in 2012, a bench comprising Justices Karki and Tarkraj Bhatta had overturned a 2007 decision taken by a Special Court bench of judges comprising Rana, in which Gupta was acquitted. The Karki-Bhatta bench had observed that the Special Court bench had passed a wrong judgment ignoring the evidence in relation to corruption charges against Gupta. The apex court had also decided to investigate the judges involved in taking the decision that acquitted Gupta. Published: 06-05-2017 07:47 -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
