October 29, Kathmandu. Chief Justice Cholendra Shamsher Jabra issued a statement on Monday demanding his resignation and calling on the agitating Nepal Bar Association to come into dialogue. However, he did not say anything about the fellow judges of the Supreme Court who did not look into the issue except habeas corpus till the 21st day.
Nepal Bar has not wavered from its stand due to Jabra’s call, but there is a rift among 19 judges. Judges Tej Bahadur KC, Kumar Regmi, Bamkumar Shrestha, Manoj Kumar Sharma and Kumar Chudal have announced their separation from the boycotting group of judges.
Is there any sign of the statement of Chief Justice Jabra and the decision of five judges?
According to the agitating legal practitioners, it is not a coincidence that Jabra’s statement and the decision of the five judges were on the same day. According to him, Chief Justice Jabbar, who is adamant that he will not resign under any circumstances, has been trying to show that there are people in his favor lately, that is what happened on Monday.
One of the five judges said that they had decided to separate as they were reluctant to start a hearing and start the hearing immediately.
The bar is getting harder
During a sit-in by legal practitioners at the Supreme Court on Monday, court spokesman Baburam Dahal called on the media and read out a statement from Chief Justice Jabra. In which he said that the possibility of solution can be found from where the order of reciprocity and cordiality has been broken.
“Strongly standing by the rule of law, I again urge all to leave the path of bigotry and choose the path of dialogue to solve the problems of the judiciary within a single family,” he wrote in a statement.
However, some law practitioners say that he was harmed by his attempt to call the lawyers seeking his resignation for talks. On Monday, the former judges issued a statement calling Chief Justice Jabra’s latest statement an attempt to cover up corruption.
Law practitioners then An even louder expression Given Addressing a protest rally at the court premises, Bar President Chandeshwar Shrestha said, “You cannot have talks. You should resign.” He said that he would hold talks with the new leadership only after Jabbar’s resignation.
Chairman of the Supreme Court Purnaman Shakya also said that he would only hold talks with the new leadership after Jabbar’s resignation. Stating that he would respond to the Chief Justice’s call through a statement, he said, “There is no question of holding talks with him. We are in talks with the leadership that will come after his resignation.
According to a high-ranking source in the Supreme Court, Chief Justice Jabra, who is looking for a way to stay in office, has been frustrated for the last few days as no alternative has come to fruition.
According to a senior Supreme Court official, he has been a bit tired in recent days. Earlier, his attempt to create an atmosphere in his favor through an organization of legal practitioners close to the party was not successful.
After one failed attempt, he issued a statement on Monday proposing talks with the bar. The draft, prepared by some lawyers close to him, was finalized by Jabra’s secretariat and released as a press release, which used more than one moderate term.
However, what Jabra thought was a statement was counterproductive. “It simply came to our notice then. Senior advocate Satish Krishna Kharel says that he was involved in police operations, not negotiations, as long as he was confident that he would be able to suppress them.
The meaning of feet in judges
Within hours of Barr’s refusal to negotiate, 19 Supreme Court officials did not look into the matter, except for the habeas corpus ordered by Jabbar. Feet in the group of judges Has been seen.
For the first time, all 14 judges who appeared in court on October 26 ‘boycotted’ the session appointed by Jabra. The agitation against Jabar had gained momentum after all the judges of the apex court were absent even in the full court convened on the 9th of this month with the participation of the bar officials.
Since then, all the judges of the Supreme Court have been sitting in daily discussions. Chief Justice Jabra was under pressure as he did not even look into issues other than habeas corpus.
But on Monday, the day he called the bar for talks, five judges withdrew from the panel. One of the five judges said, “It’s been a long time coming, and we’re convinced that no more time is wasted.”
However, they are not open in favor of Jabra. But it will bring some relief to Chief Justice Jabbar, who is under pressure from all quarters. Saying that there is an attempt to force division everywhere, an advocate says, “Even after spending money, people have taken to the streets. In a few days, if some office bearers have different views, it will be strange. ‘
According to those close to Chief Justice Jabra, if some of the Supreme Court judges sit in the bench, the message can be spread that the administration of justice is not obstructed. Although the Nepal Bar Association has decided not to advocate for the debate institutionally, Jabra plans to spread the message that the Supreme Court has returned to its former status if some disgruntled lawyers argue.
But not as comfortable as he wanted. Because it is not easy for the five judges to sit in the courtroom immediately to hear the cases other than habeas corpus. The Nepal Bar movement will put a lot of pressure on those who are in the role of the future Chief Justice and have a long tenure.
Stating that their basic demand was the resignation of Chief Justice Jabra, Bar Secretary General Lilamani Poudyal said, “We don’t care if they go to the bench. We will not go into debate until Chief Justice Jabra convenes the session. Why shouldn’t there be any judges? ‘
According to Purnaman Shakya, president of the Supreme Court Bar Association, legal practitioners who have been on the path of backlash cannot return to the profession by accepting Jabra’s leadership under any circumstances.
“We thought that you led the middlemen. Now it is not possible for you to lead,” said Chairman Shakya. In yesterday’s conflict between the bar and the bench, we had set our agenda. Today it is with other judges. This movement will not fade away without any achievement.
Other judges of the Supreme Court also said that due to the stand of the bar not to sit in the talks and not to debate, the situation as desired by Jabra will not happen easily.
He had tried to clean up his act through a press release. His efforts to persuade lawyers to negotiate were in vain, a Supreme Court judge said. The situation seemed to be getting worse, he said.