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Letter to the CJ

Thursday, February 21st, 2013
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Suresh Prasad Acharya, President, Campaign for Informed Citizenry

An open letter to Chief Justice Khil Raj Regmi, who looks tempted by the prospects of becoming Prime Minister, about the Constitution which says: ‘The sovereignty and state authority of Nepal shall be vested in the Nepalese people.’

1. Please remember that in the absence of a parliament, the sovereignty and state authority of the country automatically shifts on to the Nepali people.

2. The preamble of the constitution expresses full commitment towards a democratic system containing, amongst others, an independent judiciary. If this is so, i) should the incumbent CJ be under the direct influence of the four parties through a ‘political mechanism’ that has been recently agreed upon? ii) Who will a CJ-PM be answerable to in the absence of a parliament? and, iii) who will authorise court proceedings against the ‘last resort’ CJ-PM if his government can’t hold polls in June?

3. If the incumbent CJ is to become Prime Minister through ‘unconstitutional’ agreements between the four parties and ‘unconstitutional and unauthorised amendments’ to the constitution by the President, will it be necessary to re-examine or supercede the interpretation of law and constitution in the light of the then CJ  Anup Raj Sharma’s decision over the Royal Commission for Corruption Control?

4. Will the army, which has always claimed it will ‘only remain under the control of a constitutional government’, obey the orders of an unconstitutional government? In other words, how will you make them obey your command?

5. How do you, as CJ, explain Article 102 (4) of the constitution which gives the Supreme Court final power to interpret the prevalent Constitution?

6. Have you showed interest to become Prime Minister with the full knowledge of Article 103 (4), according to which you will have declare that you are unable or not healthy enough to remain as CJ if you are to become PM, and will you demand from the four parties that they let you resign first?

7. How do you, as incumbent CJ, explain Article 106 (1-2) of the existing Constitution which places limitations on the postings of a Supreme Court justice?

8. Will you have to suspend Part 6 of the Constitution, which governs the nature of the parliament, as long as you are Prime Minister?

9. Will you also have to suspend the post of the Chief Justice as long as you are PM?

10. Will ‘Amendments to the Constitution, part 21’ have to be suspended before you become PM?

Read the original version here.

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