KATHMANDU, Oct 6: In a bid to avoid possible controversies, the Supreme Court (SC) on Tuesday decided not to furnish its opinions to the government except on four issues related exclusively to judicial administration and judges.
A full court meeting of SC justices, the SC´s supreme body for deciding crucial issues, decided that the apex court will furnish its opinion to the government only on matters purely concerning judicial issues.
As per the decision, the SC will forward its opinion on matters mentioned in Clauses 2 and 4 under Article 104 of the Interim Constitution, if government asks for it.
Clauses 2 and 4 concern the duties, responsibilities and other services of judges, and their retirement and facilities.
"The court may be dragged into controversy while delivering verdicts in future if it has to give its opinion on all bills and legal drafts as sought by the government," said SC Assistant Spokesperson Hemanta Rawal, adding, "The court has to handle and deliver its verdict on any issue under litigation. Thus, it cannot give its opinion on whatever the government asks. That is also international practice."
The SC also decided to forward its opinion on the establishment of courts across the country. From now onwards, the SC will give its opinion on jurisdictions of courts if the government asks. The full court meeting likewise decided to furnish opinions about issues relating to judicial administration.
"The SC took the decision on the basis of the principles of judicial independence, separation of powers, checks and balance and judicial practices," Rawal informed Republica.
The SC´s decision comes at a time when there is a growing tendency for the government to turn to the SC for its opinion on various issues.
The Ministry of Law and Justice has long sought the opinions of the SC on bills and legal drafts related to gender, domestic violence, international law, treaties, mutual legal assistance and other matters.
The SC had formed a committee headed by SC Justice Bal Ram KC to study and recommend to the full court on what issues the apex court can give its opinion to the government. Endorsing the committee´s report, the full court meeting decided not to give its opinion to the government except on four issues.
SC Justices Mohan Prakash Sitaula and Prakash Wasti were member of the committee while SC Registrar Dr. Ram Krishana Timilsena was member-secretary.
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=24035
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