Ex-judges move SC demanding reinstatement
Kathmandu, January 6
Five out of twenty-six former additional judges of various appellate courts whose terms were not extended by the Judicial Council, today filed a writ petition at the Supreme Court demanding reinstatement to their jobs.
According to Assistant Spokesperson for the Supreme Court, Bishwaraj Paudel, the five petitioners are former judges Rameshwar Nath Amatya, Awadh Bihari Sinha, Mahendra Raj Gautam, Bimal Dhungel and Sahdev Prasad Bastola.
Gautam said the five petitioners were district court judges before being appointed as additional judges of the appellate courts and hence non-extension of their terms was against the spirit of the law.
He said some career judges like them had been appointed as permanent judges of appellate courts but they were not given permanent status.
“We were told that our term could not be extended as per the new constitution. We believe that the provisions of the new constitution does not bar the Judicial Council from appointing us as permanent judges of the appellate courts,” Gautam said, adding that if the judicial council wanted, it could have easily given permanent status to the five former additional judges of appellate courts.
He said the petitioners, who were district court judges before being appointed as additional judges of appellate courts, accepted the job in the hope that they would be made permanent judges of appellate courts.
The Judicial Council had refused to extend the term of 26 additional judges of the appellate courts on December 13.
These judges retired after serving as additional judges of the appellate courts for two-and-a-half years.
The petitioners have named Chief Justice, Chair of Judicial Council and Office of the Prime Minister, Ministry of Law and Justice, among others, as defendants.