NBA rejects SC's standard on senior advocate

By TRN Online, Kathmandu, Feb 18: Nepal Bar Association (NBA) has dismissed the standards relating to senior advocate as set by the Supreme Court (SC) arguing that the standards are against the provisions set forth in the related laws and the theoretical concept of law making.

The NBA made its views clear in a written response to the SC on Sunday with regard to the title of the senior advocate. 

In its response to the SC's call for providing list of advocates entitled to be senior advocates, the NBA also reminded the SC that the provision of application for the title was against the norm already set by the 'polite protest' of lawyers including Ganesh Raj Sharma and subsequent scraping of the provision in the past.

The NBA has also reminded the SC of the practice of involving a member of the NBA committee in the recommendation committee for the senior advocate and expressed dissatisfaction with the present provision and demanded that the NBA should be involved in the upcoming selection committee.

Likewise, the NBA has stated that the lawyers working at the district level out of the Kathmandu Valley for a long time and thus contributing to the society should also be provided the title of senior advocate.

Referring to the Nepal BAR Council Act, 2050 BS and the High Court Regulations 2073 BS, the NBA said that the list of advocates to be conferred with senior advocates could be easily available from the high courts as it is their duty to keep the records. Citing the same laws, the NBA has also made it clear that retired judges and government officers in law sectors are not entitled to be awarded with senior advocate as they are not recognised as law practitioners.

Reminding that the BAR units and others across the country have been protesting against the way application and list for senior advocates have been demanded by the SC, the NBA has asked the SC to take the objections positively and play the role of a guardian by correcting its provisions and steps in this regard.