Nepal | July 11, 2020

Judicial Council’s decision challenged at SC

• Nomination of High Court judges

Himalayan News Service
Share Now:

Kathmandu, January 18

The Judicial Council’s decision to recommend 80 judges for appointment in high courts was challenged in the Supreme Court today. The first hearing of the case has been scheduled for tomorrow.

Keshav Prasad Das, Mina Kumari Dev and Raksha Ram Harijan and Advocate Surendra Prasad Yadav filed a case, arguing that JC’s nomination of 80 High Court judges on the basis of their political affiliation was wrong. They said it could harm their ability to dispense justice in an impartial and fearless manner.

Another writ petition was filed by Advocate Toyanath Dhungana against the JC’s decision. The four  petitioners have argued that the JC erred by not issuing advance notice to its members about the possibility of taking decisions on the basis of majority. Two members of the JC were absent on the day when the decision to recommend 80 High Court judges was made.

The petitioners have also asked the court to ensure impartial hearing of the case as the chief justice was also the chair of the JC and there could be risk of conflict of interest.

The petitioners have said the JC decision to appoint 80 High Court judges violated the principle of inclusion. They have stated that the decision violated Article 38 (4), 40 (1), 42 (1) and Section 5 (1) of Judicial Council Act, 2016. The petitioners have said that the JC recommended 83.75 per cent candidates from Khas Arya community.  They said Madhesi women and Madhesi Dalits had never been appointed as judges in history.

The petitioners have said that the JC had stated that it took its decision on the basis of inclusion, but Section 5 (1) of the Judicial Council Act stated that such recommendations should be made on the basis of proportional inclusion. They have also urged the court to stay the JC decision until the court delivers final verdict on the case.

Similarly, Advocate Toyanath Dhungana also filed a separate writ petition against the JC’s recommendation, arguing that it was against Article 140 and Section (5) of the Judicial Council Act, 2016. He has named all 80 candidates and JC members, including the chief justice, as defendants in the case.

The petitioner has argued that the JC should recommend equal number of candidates from among government service holders and private law practitioners. Dhungana also sought a stay order against the swearing-in of the newly appointed judges.

Meanwhile, the newly appointed High Court judges were administered oath of office and secrecy today.

READ ALSO:


A version of this article appears in print on January 19, 2017 of The Himalayan Times.


Follow The Himalayan Times on Twitter and Facebook

Recommended Stories:

More from The Himalayan Times:

COVID-19 Update: 118 new cases, 120 recoveries, no death recorded on Friday

KATHMANDU: Nepal’s Health Ministry, in its regular press briefing, shared the latest updates on coronavirus contagion from across the country, and government’s response to the health crisis. As of today, 275,951 tests through Polymerase Chain Reaction (PCR) method and 312,402 Rapid Diagn Read More...

Title track of Sushant Singh Rajput's last movie Dil Bechara released

KATHMANDU: The title track for the last movie of late Indian actor Sushant Singh Rajput — Dil Bechara — has been released, on Friday. What is impressive about the song, in addition to Rajput's energetic on-screen presence, is the fact that it has been filmed in a single take. The late acto Read More...

Farah Khan recalls choreographing Sushant Singh Rajput for Dil Bechara title track

KATHMABDU: Bollywood film director and choreographer Farah Khan has recalled choreographing Sushant Singh Rajput in Dil Bechara's title track, saying that the song was particularly close to her as she was choreographing her 'friend' for the first time while fulfilling her promise with director Muk Read More...

India sees more local coronavirus lockdowns as cases near 800,000

MUMBAI: India reported a record 26,506 new coronavirus cases on Friday as authorities re-imposed lockdowns in its most populous state and in an industrial hub, home to automakers, drug factories and brewers. The new cases pushed India's tally to nearly 800,000 cases, the world's third-biggest o Read More...

Windies close in on England total at lunch

SOUTHAMPTON: West Indies moved within 45 runs of England's first innings total, with Kraigg Brathwaite's 65 helping the tourists to 159 for three at lunch on the third day of the first test at the Ageas Bowl on Friday. Resuming on 57 for one, Brathwaite and Shai Hope made steady progress for Read More...

Indian gangster accused of killing eight policemen shot dead

LUCKNOW: Indian police shot dead on Friday a man who had been accused of ordering the killing of eight policemen when he tried to flee from officers who had taken him into custody after he surrendered, officials said. Vikas Dubey, who was on the run for over a week after he allegedly ordered the Read More...

public vehicles

Movement of public vehicles to remain halted

KATHMANDU: The Federation of Nepalese National Transport Entrepreneurs (FNNTE) has decided to continue with the suspension of public vehicle operation, on Friday. A meeting of the central committee of the Federation, held today, has taken a decision to this effect. It has been learnt that such Read More...

Electric vehicle charging station comes into operation in Tanahun

DAMAULI: An electric vehicle charging station has come into operation at Dumre in Bandipur Rural Municipality-1 of Tanahun district, on Friday. Tanahun Division Forest Office provided Rs 500,000 for setting up the station, first of its kind in the district, said Chief at the Office, Kedar Bar Read More...