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Parliamentarians Raped the Interim Constitution of Nepal

By       Message Krishna Hari Pushkar     Permalink
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A committee of legislative parliament of Nepal named as "Committee on Natural Resources and Means-CNRM" has forwarded a complaint against Supreme Court Justice Hon. Grish Chandra Lal to the Parliamentary Hearing Special Committee-PHSC, Legislative Parliament of Nepal against its mandate and constitutional provision.

At present Hon. Justice Lal is a temporary Justice at Supreme Court(SC) of Nepal. The Judicial Council(JC) of Nepal has recommended him for the post of permanent Justice at SC on November 2, 2010, respecting and appreciating his continuous and long efficient, visionary, constructive, productive and highly professional performances. His worked has been proved mile stone and historic for rule of law and to establish good governance in the nation. He is very active, updated and rationally neutral personality.

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Even though, the CNRM filed a communally biased complaint saying to PHSC not to approve the appointment of Madhesi justice Lal. The CNRM has accused Lal of issuing a faulty and ill-intentioned verdict in on several cases of Rhino poaching when he was serving as Chief Justice at the Hetauda Appellate Court. However, there are no proofs, study, or investigations included or presented or described to support the logics of CNRM. One of the most important thing is the said case is still under consideration at Supreme Court of Nepal, so constitutionally no one person or authority are allowed to comment on such " Sub Judice" case that can influence the judicial process of Nepal.

The Bar Association (national level professional organization of lawyers) in Hetuada, Judicial Council and even Supreme Court have been very clear after long and detail formal-informal investigations that there were no any ill intention verdicts issued by Hon' Justice Lal. He has done in accordance with the constitutional provision, practice, and principle and existing laws of Nepal. They are well satisfied, sources said that the decision was totally based on presented proofs, claims and others rational statement and related aspects of the case. Sources added the Justice Lal is very ethical, highly professional and more than capable to be a permanent justice of Supreme Court of Nepal. He is an exemplary judge and always remained sources of inspirations for mass population inside and outside the judiciary.

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The Bar association has concluded the complaint of CNRM as constitutional violation; impunity and ill-intentioned complain that is totally baseless, illegal, sponsored and fabricated. Judicial experts consider the unfortunate action of CNRM as a constitutional rape. According to the Interim Constitution of Nepal, 2063(2007) article (60) Restriction on discussion: (1) No discussion shall be held in the House on any matter which is sub judice in any court of Nepal and on any judicial act done by a Judge in the course of performance of his or her judicial duties. But the CNRM did the acts against the constitutional provision. So experts said it is unfortunate and condemnable that constitution makers abused the constitutional provision. The CNRM has neither constitutionally nor legally any rights or mandate of such stochastic and irresponsible quetch.

Hon. Justice Lal belongs to a group of Madhesi community, which has been under exclusion, suppression, exploitation and marginalization since decades. There are several ongoing political conflicts and ongoing insurgency against the state of exclusion. Though, some of the anti-madhesi forces want to bar him to be a permanent judge at Supreme Court, besides it is almost impossible due to the excising to provision of Law. The whole madhesi community seems angry and feeling a kind of communal insult because of the false produced story against Hon. Justice Lal. All most all madhesi members of PHSC are mentally prepared to support Hon Lal without any reservation. The madhesi members of the committee will also take all necessary action if any anti-madhesi forces try to raise unconstitutional, illegal and unethical issue that bar the madhesi representative to be a part of supreme court. The leaders of Nepalese political parties including U-Maoist, Nepali Congress, UML, Madhesi Forums, Sadbhawana, Tamolopa, and others have fully assured to nullify such unconstitutional, illegal and ill-indented complain and there will not be any difficulty in PHSC committee against Hon Lal. They have also assured that such types of unfortunate action will not repeat by any parliamentarian in future too. They have expressed sadness and strongly condemned the sponsored and corrupt complain against Hon. Lal.

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Mr. Pushkar was a DAAD fellow and studied research master in peace and conflict studies in Germany. Also, he holds an internationally honored first class master degree in public administration. He has participated in dozens of national and (more...)
 

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