Thursday, July 17, 2014

Minister Acharya ‘agrees’ to amend provisions

he government has decided to conduct public hearings on the Contempt of Court bill, following widespread criticism over its provisions that curtail the freedom of press and expression.
At a meeting with delegates of the Federation of Nepalese Journalists (FNJ) on Tuesday, Law Minister Narahari Acharya had agreed to amend the provisions of the bill after consulting with stakeholders.  
According to FNJ President Mahendra Bista, Minister Acharya agreed to make maximum amendments possible to the bill after consultations with stakeholders. “We pressed him to take the initiation in this regard,” Bista said. “We are for strengthening people’s faith in the court but we can never accept the provisions that curtail fundamental rights of the citizens.”
The FNJ has been lobbying with ministers, lawmakers and professionals to remove uncertain provisions of the bill that curbs the freedom press and expression.
The FNJ delegation had requested Acharya to withdraw the bill, which he immediately turned down. “We insisted that he would either amend the bill or take it to the public for discussion,” said Bista, dropping a hint    of a protest if the minister does not amend the bill.
As per the provision of the CA Rules of Procedure, the bill can be taken to the public for opinion on the issue of public importance for its swift amendment rather than seeking a judicial review and withdrawal of the bill. “It is being carried out for the first time in parliamentary practice of the country,” said Bista.
The government will publish a notice on the Gazette asking for public opinions on the bill. The opinions collected will be considered to amend the bill.
The bill registered on June 8 clearly categorises what constitutes contempt of court including obstructing the implementation of justice delivery, influencing a sub judice matter, insulting the judgment of a court or the concerned judge and recording of the activities within a courtroom sans judges’ permission. The bill also terms insulting a staff of the court and legal professionals as acts that tantamount to contempt of court. As per the proposed bill, anyone found guilty of contempt of court can be fined up to Rs 10,000 and slapped with one year jail term.

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