
Kathmandu, 10 December (H.S.): Nepal’s Prime Minister Sushila Karki has made it clear before the Supreme Court that judicial intervention in the functioning of the commission formed to investigate the Jen Ji movement would be inappropriate.The statement came in response to a writ petition filed by advocate Bipin Dhakal, who questioned the impartiality of the investigative commission headed by Gauri Bahadur Karki and also sought a stay on its proceedings.
During the preliminary hearing, the Supreme Court had sought a written response from the Prime Minister. In her submission, Prime Minister Karki emphasized that the formation, reconstitution, appointment or removal of officials, extension, or dissolution of such commissions lies exclusively within the jurisdiction of the Government of Nepal.
“The Hon’ble Court is neither expected to intervene in policy and executive decisions of the government nor to issue directives in such matters,” the written response stated.The petitioner alleged that the commission’s chairperson, Gauri Bahadur Karki, and member Vigyan Raj Sharma had publicly expressed opinions on matters under investigation, thereby reflecting bias.
Consequently, the petitioner urged the court to halt the commission’s activities.Prime Minister Karki maintained that such commissions are primarily tasked with conducting studies and investigations and submitting reports, and that their findings are not legally binding.
As a result, they are not subject to the same standards of judicial impartiality.She further argued that strict principles of natural justice do not apply in these contexts, and therefore, the judiciary should refrain from intervening in the executive process.
Hindusthan Samachar / Jun Sarkar