Idea of CJ-led govt gets thumbs-down from legal eagles
Some lawyers have said Maoist chairman Pushpa Kamal Dahal's proposal to form election government under the sitting Chief Justice does not bode well with the concept of independent judiciary and CJ Khil Raj Regmi has no constitutional grounds to become PM.
Speaking at an interaction at the Reporters Club on Saturday, senior advocate Harihar Dahal said that the concept of separation of power would be seriously undermined if the judiciary and the executive are led by the same person.
According to him, the preventive clause in the Interim Constitution that bars incumbent and retired judges from holding any government office except for the positions in the National Human Rights Commission and that this clause is not meant to be amended.
Dahal also said Chief Justice Khil Raj Regmi's silence on the Maoist chairman's proposal is suspicious. "CJ Regmi should speak on this right away. His silence is creating further uncertainty," Dahal, who is affiliated with the Nepali Congress, said.
Former Nepal Bar Association president and senior advocate Bishwo Kanta Mainali said there is no constitutional provision to allow the CJ and the judges to become Prime Minister and the Maoist proposal tends to politicise the judiciary.
Similarly, senior advocate Bal Krishna Neupane accused the Maoists of trying to make political gains by instigating chaos in the country.
Neupane, who is known for his pro-monarchist views, argued that the 1990's constitution should be revived to resolve the current crisis.
There are no provisions in the constitution for conducting another round of Constituent Assembly elections, said he.
Similarly, pro-Maoist lawyer Raman Shrestha countered the arguments of other lawyers saying that solution to the political deadlock cannot be found in the articles of the constitution. He said the current Baburam Bhattarai-led government should be allowed to conduct the polls. nepalnews.com