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Home » Archiv » Nepal » Govt flayed for not abiding by court decisions

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Human Rights and People's War in Nepal
Human Rights and People's War in Nepal - Human Rights - Politics/Ideology - News and Reports - Links - Italiano-deutsch

Govt flayed for not abiding by court decisions

Post Report

KATHMANDU, March 16 - The top-notch lawyers of the country came down heavily on the government today, for not heeding to the direction of the Judiciary mainly on issues related to Human Rights.

The lawyers lambasted the recent government actions where people acquitted by courts were being arrested immediately after their release. They accused the government of not following the Constitution and promoting anarchy.

During a discussion program - "Independent Judiciary and Executive’s Unconstitutional Tendency" and the launch of Human Rights Bar-Bulletin, at the Nepal Bar Association, the lawyers also expressed concern over the deteriorating Human Rights conditions in the country.

Former Speaker of the Lower House of Parliament and the coordinator of the Nepal Bar Association Human Rights and Public Concern Committee (NBAHRPCC), a group of Bar Association members working on Human Rights, Daman Nath Dhungana said that the only way out of the existing constitutional anarchy was united voice of the people.

Dhungana, also called the leaders of all political parties to solve the existing deadlock of the Parliament by dialogue.

Senior advocate, Agni Kharel referring to the case of journalist Krishna Sen said that the negative tendency that the government has developed should be stopped.

The police had arrested journalist Krishna Sen from inside the Supreme Court premises immediately after a full bench including the Chief Justice had acquitted him last week. After continuous pressure from the Human Rights activists and the media, he was finally released on Thursday.

Many similar incidents were cited at the program where the police had arrested, threatened and disappeared many people after their acquittal by the Judiciary.

Advocate Tika Ram Bhattarai accused the government of breaching Clause 96 of the present Constitution by not abiding by the decisions of the courts.

In Clause 96 (1) of the Constitution it is stated that all shall abide by the orders and decisions made in the course of hearing of a suite by courts.

Noted senior advocate from Biratnagar, Bipulendra Chakrabarty hinted at the politicization of the Human Rights groups and the Judiciary and said, "We can ask others to be virtuous only after we ourselves are clean."

Senior Advocate Motikaji Sthapit giving examples of ‘soft states’ (where there are laws but rarely implemented) said, "although we have a democratic government, democratic thought has not reached the mindset of our people."

Chairman of Human Rights Forum, Krishna Prasad Sivakoti requested the lawyers not to take cases of people who have committed offence on Human Rights.

He also said that the court should be able to punish those who do not abide by its orders.

The other noted advocates who spoke at the program were Sindhu Nath Pyakurel, Prakash Osti, Hari Kumar Karki, Prem Bahadur Khadka, Harihar Dahal, Radheshyam Adhikary, Motikaji Sthapit, Krishna Prasad Shivakoti and Krishna Prasad Bhandari.

 


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