Chief Justice (CJ) Dilip Kumar Poudel
Chief Justice (CJ) Dilip Kumar Poudel (File Photo)
Nepal Bar Association (NBA) has expressed serious dissatisfaction over the recent appointment of the four ad-hoc justices at the Supreme Court and demanded resignation of Chief Justice (CJ) Dilip Kumar Poudel and one of the appointees Pawan Kumar Ojha.
A statement issued by the NBA on Monday after the central committee meeting said, “Since the honourable CJ has been unable to protect the rights of the Nepali people under the constitution of the Kingdom of Nepal 1990, it is our conclusion that both (Poudel and Ojha) should no longer remain in their posts.”
Chief Justice Dilip Kumar Poudel, with the consent of King Gyanendra, appointed Ojha, Tahir Ali Ansari, Rajendra Prasad Koirala and Bipulendra Chakravarti as Justices of the SC.
Justice Pawan Kumar Ojha
Justice Pawan Kumar Ojha (File Photo)
The NBA has also decided to exclude CJ Poudel and Justice Ojha from all its functions henceforth.
Ojha has been controversial after he said that all the orders issued by the king are constitutional, since he is a devotee of Hindu religion and the constitution has given him special responsibility, while pleading on behalf the government in the controversial Royal Commission for Corruption Control (RCCC).
Ojha also said that the apex court in Pakistan had passed a verdict in favor of President Pervez Musharraf in the latter’s bid to amend the constitution and asked the Supreme Court to pass a similar verdict in a case of RCCC.
NBA has also sought clarification on why two senior most judges of the Appellate Courts Krishna Prasad Upadhaya and Dipendra Upadhaya were not appointed justices at the Supreme Court.
NBA has also warned to protest against the non-transparent appointments based on ‘secret nexus’ in the future as well. The NBA also asked all its units to enforce its decision and called for a nationwide protest meeting on Friday.
Meanwhile, after taking the oath of office and secrecy following his appointment as an ad hoc justice of the Supreme Court, former Attorney General Ojha said that he will work under the 1990 Constitution.
Soon after taking the oath of office and secrecy from CJ Poudel, Ojha said criticising him based on his previous duty as the Attorney General would be of no relevance as he is now an ad hoc justice of the Supreme Court.
“Now my position has been changed and be assured that I will work under the Constitution,” he told journalists.
When asked how he will assure the NBA, which is opposing his appointment, Ojha said, “My previous duty was to defend the government but now I will work as a justice of the Supreme Court to provide justice to the people,” he said, adding, “Be watchful, whatever I do in the future,” he added.