'Contempt of Court' case against President of Nepal Bar

I have spoken about the Chairman of the Justice Council. After talking about the Chairman of the Judicial Council, will the Supreme Court administration move forward or not? And should the Chief Justice be responsible or not? Should the Chief Justice give an answer or not?': President Ghimire

Ashwin 15, 2081

Jaya Singh Mahara

'Contempt of Court' case against President of Nepal Bar

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The Supreme Court administration has filed a contempt report against senior advocate Gopalkrishna Ghimire, president of Nepal Bar Association, for contempt of court. The Supreme Court administration has filed a contempt case against Bar President Ghimire for criticizing the decision of the Judicial Council. The hearing of the case has been fixed on October 1.

Based on the contempt report submitted by Sub-Registrar Govinda Prasad Ghimire, who is also the Information Officer of the Supreme Court, the case against the President of the Bar Ghimire has proceeded. In the contempt case against Bar President Ghimire brought forward by the Supreme Court administration, it is claimed that he made misleading and baseless statements against Chief Justice Vishwambhar Prasad Ghimire.

After the meeting of the Judicial Council on October 11 recommended Nripadhwaj Niraula and Nityanand Pandey as judges of the Supreme Court, Bar President Ghimire claimed that Chief Justice Vishwambhar Prasad Shrestha had "recommended the judge on the basis of transactions and to reconcile the accounts taken by him".

It is mentioned in the application that 'by giving such confusing, baseless expressions, which adversely affect the faith and trust of the court, unconstitutional, illegal and contrary to the spirit of the independent court, by propagating it in various social networks and causing serious damage to the public faith in the court of Nepal, the Supreme Court has acted in contempt'&nbsp ;. 

Bar President Ghimire's demand to be 'taken to the court, make a statement and take necessary legal action and issue the necessary order to prohibit the attack on the independence of the judiciary and its public faith from anywhere in the future' is mentioned in the contempt petition advanced by the Supreme Court .

Bar President Ghimire says that the Supreme Court has filed a contempt case against him when he commented on Chief Justice Shrestha, who is also the Chairman of the Judicial Council. I spoke about the chairman of the Justice Council. After talking about the chairman of the judicial council, will the administration of the Supreme Court move forward or not? And the Chief Justice should be responsible or not? Should the Chief Justice give an answer or not?, Ghimire said. Chairman Ghimire said that he had spoken out against distortions, inconsistencies, corruption and irregularities in the judiciary and would "face" the contempt case filed against him by the Supreme Court.

Sub-Registrar Ghimire, the writ petitioner on behalf of the Supreme Court, said that the contempt report was forwarded to protect the dignity of the institution. Even if he is the Chairman of the Judicial Council, even if he is a member of the Constitutional Council, he is our Chief Justice. As the sub-registrar of the Supreme Administration came up, the application was forwarded on my behalf. On behalf of the organization, the sub-registrar of the supreme administration takes the case forward when there are any issues and concerns," said sub-registrar Ghimire. 

Senior Advocate Ghimire, President of Nepal Bar, argued that all matters of the Council of Justice should not be carried by the Supreme Court. He said that it should be understood that the court and the council are different constitutional bodies. "This contempt was not a matter of becoming a case, it is not a matter of court". It is not the subject of the case in court . There is no need for the Supreme Court to carry all the matters of the Council of Justice . This is the matter of the Judicial Council, the matter of the Judicial Council should not be considered by the Supreme Court,' said President Ghimire is . The rules regarding the Council of Justice were amended on October 1, 2080 and the seniority roll of judges was changed. It was arranged that a person appointed as a High Court judge who was working in the post of Chief Registrar should be placed after the Chief Justice of the High Court and a person who was appointed as a High Court judge who was working in a gazetted special category post of the Nepal Justice Service was arranged to be placed before the person who was appointed as a High Court judge after the date of his appointment to the special category post.&nbsp ;. 

While there was a bar movement demanding the repeal of the amendment, after the Judicial Council chaired by Chief Justice Shrestha recommended Niraula and Pandey for the appointment of judges in the Supreme Court, Bar President Ghimire criticized the Chief Justice . He alleged that the retiring Chief Justice recommended the judge for "transactions and reconciliation of accounts". He asked the government and parliament to intervene on the revision of the regulations. Chief Justice Shrestha is going on compulsory retirement on October 19.

Bar President Ghimire's statement was also passed by the Justice Council. The Council of Justice issued a statement on Monday and expressed regret that Senior Advocate Ghimire, President of the Nepal Bar, made personal insults against the President and Chief Justice Shrestha. It is mentioned in the statement that the judicial council has made a unanimous decision mentioning that the process of appointing judges is regular. The Secretariat has drawn serious attention to the public comments made by senior advocate Gopalkrishna Ghimire, suffering from the trend of rampant and baseless slandering of the presumptuous, malicious and eminently respectable Chief Justice,'' the statement said, In view of their performance, experience, subject knowledge, seniority, efficiency, impartiality, integrity, honesty, ethics, conduct, performance evaluation and their contribution to the judicial field, the unanimous recommendation made by the collective discretion of the Judicial Council will unfairly create confusion among the general public. And without even considering the recognition, the secretariat regrets the comment made to personally slander the leadership of the judiciary, which is a heritage of justice. ; They are doing unconstitutional work, we are sorry to have to deal with it. Chairman Ghimire also clarified that the movement started by the bar for the repeal of the provisions of the regulation amendment will continue.

Jaya

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