KATHMANDU: A writ petition challenging the recent appointment of the 27 district court judges has been filed at the Supreme Court today.
Challenging that the appointment has infringed the fundamental rights of the lawyers eligible for the district judges’ post, the petition was filed by a group of lawyers demanding the annulment of the decision through a writ of certiorari.
Advocates Krishna Ghimire, Purna Prakash Basnet, Arun Paudel and Bhim Prasad Paudel have jointly filed the petition demanding the apex court’s immediate intervention over the appointment. Chief Justice Min Bahadur Rayamajhi had appointed them along with 48 appellate court judges on September 6 based on the recommendation of the Judicial Council under his chairmanship.
The petitioners made the JC, CJ Rayamajhi and the Ministry of Law and Justice defendants in the petition.
The petitioners claimed that the appointment without providing quotas for the lawyers’ examination has violated the Article 109 of the Interim Constitution of Nepal which has ensure judgeship to the lawyers with eight years’ experience through written test.
The Interim Constitution of Nepal has introduced the provision of appointing the district judges with free competition from the bar practitioners but the government is yet to promulgate law in this regard. “The act of the defendant authorities have violated the fundamental rights guaranteed under Article 12, 13, and 18 of the Constitution of the eligible candidates from the bar practitioners,” he claimed.
The writ petitioners have also sought interim order directing the JC to stop the appointment letters to the new appointees. The SC has scheduled preliminary hearing of the case for Sunday.
CJ cries for judicial independence
Kathmandu: Chief Justice Min Bahadur Rayamajhi today urged everyone to protest against anyone who attacks judicial independence.
“Such an act should not be tolerated by those who love the independence of the judiciary,” the Chief Justice said. Without indicating anybody, Rayamajhi also hinted at ‘some activities’ going on in some quarters trying to disgrace the judiciary. He was speaking at a programme to mark the anniversary of the Administrative Court.
Senior Justice Anup Raj Sharma also condemned the activities against the judiciary. “This is like killing a man after being ill despite taking curative measure,” Sharma added.
President of the Nepal Bar Association Bishwokanta Mainali and CA Purna Kumari Subedi also urged everyone to respect, preserve and promote the independence of the judiciary. — HNS