Nepal

Justices continue protest against CJ

By Ram Kumar Kamat

A seniority-based constitutional bench has been formed from among the Supreme Court justices to hear the writ against Citizenship Amendment ordinance, on Friday.

KATHMANDU, NOVEMBER 8

Supreme Court justices, who have been protesting against Chief Justice Cholendra Shumsher JB Rana for violating the code of conduct, continued their protest today by hearing only habeas corpus writ petitions.

All other justices are protesting against the CJ for allegedly seeking to appoint his brotherin-law a minister in the Sher Bahadur Deuba Cabinet and delaying the hearing of cases filed against appointments to the constitutional bodies.

Dissident justices are one on seeking Rana's resignation and mount pressure on him. Moreover, they are hearing only habeas corpus petitions.

Dissident justices had threatened to boycott all hearings, including habeas corpus petitions, if the CJ assigned any case to himself. Rana, who had abided by the understanding with justices before Tihar by not assigning any case to himself, listed habeas corpus petitions for hearing to his bench that he intended to share with Justice Kumar Chudal. Other justices viewed the CJ's decision to list cases for himself as a violation of their understanding with him. Justice Chudal, who was to share a bench with Rana today, did not do so. As a result, the division bench could not conduct any hearing.

Justice Chudal, however, conducted hearing in his single bench.

Other justices - Bam Kumar Shrestha, Prakash Dhungana, and Kumar Regmi, who were assigned cases - also conducted hearing today.

An SC justice told THT that their unity against the CJ was firm and they were committed to ensuring independence of the judiciary, citizens' right to justice, and fair and impartial adjudication of justice.

Another justice said justices were thinking how to strike a balance between their protest against the CJ and people's right to justice. Dissident justices would consult the Nepal Bar Association before taking further decisions.

SC justices, the Supreme Court Bar Association, and the Nepal Bar Association have been demanding the CJ's resignation following controversies surrounding him. Rana has, however, refuted all allegations against him.

Meanwhile, the NBA continued consultations with bar units across the country. SCBA President Purna Man Shakya said most of the bar units had opined that the bar should take its fight against the CJ to a logical conclusion and try to involve other units also in their protest against Rana.

Most of the bar units also said that the bar should continue fighting for reforms even after Rana's exit from the judiciary.

The NBA and the SCBA, who have been boycotting court proceedings, will soon announce their second phase of protest programme.

A version of this article appears in the print on November 09, 2021, of The Himalayan Times.