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National Independent Party MP Sobita Gautam has said that the judiciary should follow the judicial process. He said that the court should not act against the constitution. In the meeting of the House of Representatives on Sunday, MP Gautam said that the court has attacked the essence of the constitution.
MP Gautam made this statement referring to the context of the case against party president Ravi Lamichhane, who is in custody for co-operative fraud.
RSVP has been criticizing the court saying that the Pokhara High Court started hearing the case against Lamichhane without giving any information. In the same context, Gautam said in the Parliament, 'Payment will be kept only by giving information. After the hearing has started, how can the party who has not received information without even hearing what his opponent argued, present his argument? This is a gross violation of the principle of natural justice. These activities have started to look like the courts are following the trend inspired by the executive.'
Stating that there is a provision in the constitution that the judicial process should not be carried forward unilaterally, Gautam said, 'The process carried forward unilaterally in this way is an attack on the very essence of justice. The hearing should be fair. Trying to create a situation where the court tries to appear fair, but is not fair, is a clear sign that the court, the defender of democracy, is on the road to decay.
Member of Parliament Gautam said that even the courts have started to show executive tendencies and the rule of law will end in the country. Stating that the people will protest if that happens, she also urged the civil society to be aware of the matter. "It is a matter of common interest of the Parliament and the civil society to be a silent witness or to actively resist it," she said. It is not right to ignore a matter so much that a person is killed by an illegal sword strike. If this happens, the press world will also have to burn in the shame of the generation's disappointment and its members because they did not play a role in maintaining the rule of law.'
MP Gautam also narrated the order passed by Pokhara High Court regarding Lamichhane in Parliament. "Recently, a strange and unconstitutional scenario has been seen in the court. Complaints are heard that the court is setting the date of the case and starting the trial without informing the defendant. It is surprising that the case that has started the hearing is being watched, and suddenly there is an order to give information about the payment to the defendant,' she said.
His question was whether such orders from the court would raise doubts about getting justice. Stating that the law should be protected, MP Gautam said that the Chief Justice should take special responsibility to protect the constitution. The Constitution of Nepal has given all the responsibilities of the administration of justice to the Chief Justice. The person who has the responsibility to protect the constitution should play a special role. "No one should do anything to destroy the trust of the judiciary," she said.
