‘Court should exercise power to stop clearing of forests’

January 26, 2001
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Biratnagar, Jan. 26 : Chief Justice Keshav Prasad Upadhyaya has said that the judiciary has been playing a crucial role in the protection of the environment which is so closely tied to human life through its various decisions and sensitivity towards the issue.

The Chief Justice made this remark at the inaugural function of an interaction programme on “Natural Resources and Justice” and the launching of a book entitled “a collection of cases relating to environmental protection” organised under the joint auspices of the Judges’ Society, Nepal and the Forum for the Protection of Public Interests (Pro-Public) here today.

The Chief Justice urged ‘community thinking’ for the protection of the environment as “environmental pollution has a negative impact not only on the animals, plants and humans but on the social, economic and cultural sectors as well”.

He said there were sufficient laws governing environmental protection in the country as provided for by the constitution and the court has sometimes overturned the government’s decisions in such matters for the implementation of these laws after Nepal became party to several un conventions and UN declarations on environment.

General-secretary of Pro-Public, advocate Prakashmani Sharma said that the judiciary should exercise its special powers to stop the rapid clearing of forests by the people and assist in protection of the environment and in the balanced development of the country.

Senior environment lawyer Narayan Belbase stressed protection of bio-diversity, proper utilisation of its by-products and genetics research.

He also pointed out the need for unity of action among various agencies, public awareness and balanced development policies for the protection of the environment.

Supreme Court Registrar and General Secretary of the Judges’ Society, Nepal Shriprasad Pandit said that the society was established in 2052 Bikram year with the objective of sharing of judicial experiences and imparting of new knowledge and information among the judges, the development of environmental law, bringing about uniformity in crime control and enhancing the compentence of the judiciary.

From the chair, Supreme Court Justice and chairman of the Judges’ Society Nepal Harischandra Upadhyaya said that the society had carried out several activities for the protection of humanitarian norms and values in the society, promotion of gender equality and the protection of natural resources.

Thirty judges from various districts of the Kingdom are taking part in the four-day interaction.

Advocates Prakashmani Sharma, Bhoj Raj Aiyer Lal Bahadur Thapa and Bishnu Prasad Pokharel are the members of the editorial board of the newly-launched book “A Collection of Cases Relating to Environment Protection” published by the Pro-Public.