Bar Association Objects to Sending Property Cases to Constitutional Bench

September 14, Kathmandu: The Nepal Bar Association, the umbrella organization for legal professionals, has expressed objections to the transfer of writ petitions related to the Property Investigation Commission to the Constitutional Bench based on commentary orders. In a statement released on Friday, the Bar Association expressed surprise that, contrary to the tradition of resolving cases in benches through hearings and debates on hearing dates, matters of national importance were assigned to the Constitutional Bench on the basis of commentary orders.

The Bar noted that the formation of Constitutional Benches has been occurring contrary to tradition and that cases are being assigned to these benches based on the selection criteria rather than procedure. This practice has been termed “contrary to the established values of the judiciary.” Emphasizing that the judiciary must not be placed under control or direction, the Bar Association urged for immediate correction, stating, “Due to concerns about the judiciary being under control because of selective formation of Constitutional Benches and assignment of cases by order, the Nepal Bar Association respectfully calls the attention of the Chief Justice to these matters.”