Unanimous decision of Bar Central Committee and Advisory Committee to litigate the case institutionally
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The Supreme Court Administration has registered a contempt case against Nepal Bar Association President Senior Advocate Gopalkrishna Ghimire. A contempt case has been registered against Bar President Ghimire for criticizing the decision of the Judicial Council regarding the recommendation of judges. The case is scheduled for hearing on October 1.
After the Supreme Administration filed a contempt case against President Ghimire, the meeting of the central working committee and advisors of Nepal Bar Association was held on Tuesday itself. The meeting has decided to fight the case against the president institutionally. "It has been unanimously decided that the contempt case registered against Nepal Bar Association President, Senior Advocate Gopalkrishna Ghimire, along with the advisory committee, will attend the case on behalf of the Bar Association in an institutional manner and manage the debate," the decision of the Bar states.
A case has been initiated against Bar President Ghimire based on the contempt report filed by Sub-Registrar Govinda Prasad Ghimire, who is also the information officer of the Supreme Court. In the case, it is claimed that Ghimire made misleading and baseless statements against Chief Justice Vishwambhar Prasad Shrestha.
In a program organized by Kathmandu District Bar on Friday, Chairman Ghimire said, 'I have said that you (Shreshtha) appointed on the basis of transaction, you appointed a judge to reconcile the accounts you took. Stop if you can. If you want to enact laws, you can enact all laws.
The Supreme Administration claims that Ghimire has disrespected the court by making this statement targeting Chief Justice Shrestha. It is mentioned in the application that 'by giving such confusing, baseless expressions, which adversely affect the faith and trust of the court, the unconstitutional, illegal and contrary to the spirit of the independent court has been propagated on various social networks, and has seriously damaged the public faith in the court of Nepal, and acted in contempt of the Supreme Court. ;
The Judicial Council chaired by Chief Justice Shrestha recommended Nripadhwaj Niraula and Nityananda Pandey as judges of the Supreme Court on October 11. According to the constitutional provision, 4 more judges have to be recommended to the Supreme Court. Niraula and Pandey have not been recommended for the 4 vacant judge posts out of 6 people.
Ghimire has said that he will face contempt, stating that he has spoken out against distortions, inconsistencies, corruption and irregularities in the judiciary. He also argued that the Supreme Court should not carry all the matters of the Judicial Council. He said that it should be understood that the court and the council are different constitutional bodies. "This contempt was not a matter to be made a case, it is not a matter for the court. "There is no need for the Supreme Court to carry all the issues of the Judicial Council," said President Ghimire.
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 the chairman of the judicial council is a member of the constitutional council, he is the chief justice. As the sub-registrar of the Supreme Administration came up, the petition was forwarded on my behalf, he said, "The sub-registrar of the Supreme Administration takes forward the case on behalf of the institution." The rules were amended on October 1 last year to change the seniority roll of judges. There is a provision in that the person appointed as a judge of the High Court who is working in the post of Chief Registrar shall be after the Chief Justice and the person appointed as a judge of the High Court who is working in the post of a gazetted special category of the judicial service shall be ahead of the person appointed as a judge of the High Court after the date of his appointment to the post of the special category.
During the bar agitation, the Judicial Council chaired by Chief Justice Shrestha recommended Niraula and Pandey as judges of the Supreme Court. After that, Ghimire commented that Chief Justice Shrestha, who was going on retirement, recommended the judge for "transactions and reconciliation of accounts". The judicial council also passed a motion of regret against the expression of Bar President Ghimire. Bar President Ghimire has commented on that, "Judicial Council passed a motion of regret against me yesterday." They do unconstitutional work, we are sorry.'
