Nepal | April 02, 2020

IRC quashes SC justice impeachment complaint

Himalayan News Service

Kathmandu, December 6

Impeachment Recommendation Committee of the Parliament quashed an impeachment complaint lodged against Supreme Court Justice Ananda Mohan Bhattarai.

CPN-Maoist Centre lawmaker Ram Naryan Bidari, a member of the IRC, said a meeting of the panel today decided to quash the complaint as three lawmakers who had endorsed the complaint neither verified it nor said the complaint was admissible.

Bidari said the panel reached a conclusion to quash the complaint after it prima facie found there was no evidence supporting the complaint. “The complainant had sought to file a writ petition at the Supreme Court seeking redressal of anomalies plaguing the education sector.

The registrar refused to entertain the case saying it was a vague and Justice Bhattarai endorsed the registrar’s order. The panel concluded Justice Bhattarai made no mistake by endorsing the registrar’s decision,” Bidari said, adding there was no question of violation of constitutional provisions. “A judge passes numerous orders and should not be impeached just for passing an order,” he added.

Article 101 (5) stipulates: (5) if at least three members of the House of Representatives certify and submit a petition that the received information, notice or petition is admissible on the ground of serious violation of the statute or incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct by the person relieving of office on impeachment under clause (2), and the committee under clause (3), upon inquiring into such petition in accordance with Federal law, recommends the House of Representatives to impeach, an impeachment under clause (2) may be moved.

A complaint of inefficiency against Justice Bhattarai was lodged at the Parliament Secretariat in September, seeking to initiate the impeachment.

The complaint was lodged by Dinesh Chaudhari and supported by three lawmakers —Haricharan Shah of Nepali Janata Dal, Rukmini Chaudhari of Sanghiya Loktantrik Rastriya Manch (Tharuhat), and Ram Kumar Rai of Khambuwan Rastriya Morcha, Nepal.

Complainant Chaudhari told THT that he lodged the complaint because Justice Bhattarai, on the first day of his duty at the apex court, endorsed the SC Registrar’s decision to refuse a case he wanted to file wherein he sought apex court’s order in favour of expeditious adjudication of cases involving students.

A version of this article appears in print on December 07, 2016 of The Himalayan Times.

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