Jan 12, 2018-Nepal Bar Association (NBA) has said its serious attention has been drawn towards the recent saga surrounding the arrest of Dr Govinda KC on contempt of court case and the media reports in its aftermath.
In a statement regarding the recent episode on Friday, the NBA has called on all the concerned stakeholders to pay attention towards the possibility development of a wrong system if the methods adopted by Dr Govinda KC in his recent protest against the court verdict were promoted.
Anti-corruption crusader Dr Govinda KC was arrested on Monday from Tribhuvan University Teaching Hospital, Maharajgunj, where he had launched his 14th hunger strike demanding resignation of Chief Justice Gopal Parajuli. Dr KC’s arrest had outraged people from several quarters and the court order to arrest Dr KC drew media backlash.
Noting that Nepal’s constitution has provisioned that all justice related rights will been exercised by the court and everyone should abide by the court order, decision and the interpretation of constitution and legal principle, the umbrella body of Nepali lawyers objected to Dr KC’s activities that would “reduce faith in independent, and accountable judiciary.” The NBA further added that, instead of giving healthy opinion about the court verdict, the activities such as hurling personal accusations, using impolite language and demanding the resignation of Chief Justice and warning of continuing hunger strike in case the court verdict not in one’s favour would make the legal system complicated.
The NBA has called on everyone to follow the proper channel and due procedure enshrined in the constitution.
“The legal way to file a complaint against any judge is to do it through Judicial Council as mentioned in section 17 (1) of the Judicial Council Act 2073. After this, the Judicial Council has authority to probe into the case while concerned court can seek document or files related to the case,” the NBA stated.
“We urge everyone to maintain the dignity of independent judiciary by following the aforesaid legal process,” read a statement of the NBA issued on Friday.
The NBA has urged Dr KC and other concerned stakeholders to stop his hunger strike and not to mount any form of pressure on the judiciary.
Orthopedic surgeon Dr KC is staging hunger strike seeking resignation of Chief Justice Gopal Prasad Parajuli. Dr KC was angered after CJ Parajuli reinstated sacked Institute of Medicine Dean Dr Shashi Sharma to the post.
After making provocative statement against the appointment, the Supreme Court had ordered the arrest of Dr KC on January 8 on contempt of court case. Dr KC was released on January 10. His next court hearing is on February 20.
This is Dr KC’s 14th hunger strike seeking reform in the country’s health education and medical sector. His hunger strike has entered fifth day today. Dr KC has demanded that Dr Jagdish Prasad Agrawal should continue to take the post of IoM Dean before he breaks his fast.
