KATHMANDU, Sept 28: The Nepal Bar Association (NBA) has objected to the arrest of former Chief Justice Cholendra Shumsher JB Rana, saying detaining and releasing citizens without sufficient grounds or reasons violates the Constitution and the rule of law.
Police detained Rana on Sunday citing a security threat. He was released into his family’s custody about 11 hours later the same day.
Beyond the object on display
In a statement issued Monday, the NBA said arresting citizens without adequate grounds and evidence was contrary to a democratic system of governance. The umbrella organization of lawyers working across the country also expressed serious concern that representatives of the National Human Rights Commission were not allowed to meet Rana while he was in custody. It said it could not accept any form of arbitrary rule.
In the statement issued by NBA General Secretary Kedar Prasad Koirala, the association said the judiciary must remain clean and free from corruption and that it would oppose any interference by the government, political leaders or former judicial officials that undermines the judiciary’s integrity and independence.
The NBA urged the concerned authorities not to arrest citizens without cause and warned that it would firmly resist attempts by anyone to influence or pressure the judiciary to act in their favor.
Meanwhile, the NBA reminded retired chief justices and judges of the code of conduct prohibiting them from interfering in cases pending before the courts. It urged all concerned to comply with legal and ethical provisions barring retired chief justices, judges or any other individuals from intervening in, expressing interest in, or discussing pending cases through any means or forum.