A writ petition has been filed demanding the dissolution of the Property Investigation Commission formed by the government after it was given the jurisdiction to investigate judges and former judges.
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A second writ petition has been filed in the Supreme Court demanding the dissolution of the Property Investigation Commission formed by the government. Advocate Prem Raj Silwal filed the second writ petition on Tuesday.
The government had formed the Property Investigation Commission on April 2 under the leadership of former Supreme Court Justice Rajendra Kumar Bhandari. A writ petition was also filed against the commission on April 15. On April 16, a single bench of Justice Bal Krishna Dhakal had ordered a show cause order and a written response to the writ petition.
The writ petition claimed that the commission was interfering with the role and scope of the Commission for the Investigation of Abuse of Authority, which is a constitutional body. The second writ petition claims that the government has included former judges and judges in the notice published in the Gazette specifying the jurisdiction of the commission and that the action is against the constitution and law.
Section 2(16) and (17)(b) of the Notice and Order on the Asset Investigation Commission published and made public on April 16, also placed former Chief Justices and judges under the ambit of asset investigation. The notice stated that in the case of sitting judges, a complaint should be filed with the Commission and the complaint should be ‘sent in writing to the relevant body’, while it was mentioned that former Chief Justices and judges would be investigated in the event of their removal due to impeachment.
The provision of the Gazette is contrary to the Constitution and laws of Nepal and according to Article 101 of the Constitution of Nepal, the provision that the Constitutional Authority can investigate and file a case in a special court if a corruption-related offense is found is contrary to the constitutional and legal provisions.
‘The government has carried out an unconstitutional and illegal attack on an independent and competent judiciary by instilling fear, intimidation and hope in the incumbent judges by infringing even the minimum jurisdiction of the commission formed by the government to investigate the assets of former Chief Justices and judges and by keeping them in fear, intimidation and hope,’ the writ claims. ‘The provisions in the Gazette published by the Government of Nepal have violated the Constitution of Nepal, prevailing laws, the Bangalore Declaration on the Independence of Judges and Courts (2002) under the auspices of the United Nations, Article 14 of the International Covenant on Civil and Political Rights, judicial and judicial practice and independent judiciary, separation of powers and the Constitution of Nepal.’
The writ states that the Gazette and the government commission are without jurisdiction and illegal. The writ demands that the said commission be abolished from the beginning.
The writ petition states that the interference, pressure, influence, hope and fear from the government or executive or anyone else on the Chief Justice of the Supreme Court, judges and the courts cannot safeguard, protect and defend judicial independence, separation of powers, balance and control, constitutional supremacy, rule of law, democratic values and norms, citizen supremacy and human rights and fundamental rights. The writ petition states that such actions, orders and activities will undermine the letter, spirit and spirit of the Constitution of Nepal.
