INSUBCONTINENT EXCLUSIVE:
Kathmandu, June 28
Although the government has been vehemently criticised for bringing the National Human Rights Commission Act (Amendment
Bill) that proposes giving the Attorney General overriding power against recommendations of the rights body, the government is in no mood to
relent on the issue.
Minister of Law, Justice and Parliamentary Affairs Bhanu Bhakta Dhakal told the Law, Justice and Human Rights Committee
of the House of Representatives today that the government brought the NHRC Act (Amendment) Bill in line with the provisions of the
constitution.
Dhakal cited Article 158 of the constitution to argue that the Attorney General had the final authority to institute case
against the accused.
The NHRC, civil society members and political parties, including Nepali Congress, Samajwadi Party-Nepal and Rastriya
Janata Party-Nepal, have opposed incorporation of the provisions in the NHRC Act (Amendment) Bill that gives the AG a final say on whether
or not to institute cases against those persons whose names could figure in NHRC recommendations for action.
Article 158 (2) of the
constitution states, &The Attorney General or government attorneys subordinate to him or her shall represent the Government of Nepal in
lawsuits wherein the rights, interests or concerns of the Government of Nepal are involved
Except as provided otherwise in this Constitution, the Attorney General shall have the right to make a final decision as to whether to
institute any case on behalf of the Government of Nepal in any court, judicial body or authority.&
Kevin Deveaux, an international adviser
of UNDP, presented a paper on &The Role of Parliamentary Committee in Ensuring Human Rights& at the panel meeting today
Soon after Deveaux presentation, NC lawmaker Dev Prasad Timilsina opposed the government move of keeping the NHRC under AG jurisdiction
He said the bill was brought to curtail NHRC powers.
Office bearers of constitutional bodies were saying that they would not accept the bill
if its provisions did not reflect their views, according to Minister Dhakal
He, however, did not name any office bearer.
Chairperson of the NHRC Anup Raj Sharma, talking to THT, said the original NHRC Act contained
similar provision that the government has incorporated in the recent bill and when the matter had reached the Supreme Court seven years ago,
it said that the provision of the Act was unconstitutional
Advocate Om Prakash Aryal had filed a case challenging the AG sweeping powers in the bill.
Sharma said in principle, AG had the power to
decide whether or not to institute a criminal case but the constitution had made it clear about exceptional cases
&Commission for the Investigation of Abuse of Authority and the Judicial Council make independent decisions to initiate cases under their
NHRC, which was established under the Paris principles, also had similar autonomy and independence,& he argued.
Sharma said that if AG was
given the power to override NHRC recommendation as provisioned in the bill, then the AG who is appointed by the prime minister might not act
upon the NHRC recommendations and the guilty might not be punished.
The bill is in the House of Representatives now
Though the minister was rigid on the bill provisions, Chair of the Law, Justice and Human Rights Committee Krishna Bhakta Pokharel in the
meeting said the committee would address the concern raised by NHRC
&The panel has held discussion with NHRC and it is going to solve the problems,& he said.
The post Bill to amend NHRC Act in accordance with
constitutional provisions: Minister appeared first on The Himalayan Times.
