Nepal | August 08, 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:

VTM crunch hits Banke

Nepalgunj, August 6 The shortage of Viral Transport Medium used for collecting and transporting swab samples has hit the health offices in Banke. The local levels bought the VTMs and offered them to health offices as they did not have it. Mayor of Nepalgunj sub-metropolis Dhawal Shamsher Ra Read More...

House sealed after coronavirus claims man

Rajbiraj, August 6 A house at Rupani Rural Municipality was sealed after a person died due to COVID-19 in Saptari today. Bindeshwor Sah, 45, of the rural municipality died when he was taken to Dharan-based BP Koirala Institute of Health Sciences on Tuesday. Sah’s final rites were halted afte Read More...

Media face hard times in Chitwan

Chitwan, August 6 With economic activities down in the wake of the COVID-19 menace, media have been adversely impacted here of late. The advertisement market has declined so drastically that media hardly get anything by way of revenue. This has resulted in the media industry dwindling. Four Read More...

Dhangadi sub-metropolis sets up isolation ward

Dhangadi, August 6 Dhangadi Sub-metropolitan City has established an isolation ward for treating COVID infected people in Sudurpaschim Province. The sub-metropolis brought the isolation ward with 80 patients in operation. There are 12 separate beds for females and 68 for males. Similarl Read More...

Nuwakot issues prohibitory order effective from today

TRISHULI: Nuwakot authorities have decided to enforce a prohibitory order in the district amid the heightening risk of coronavirus infection. People's mobility and public service delivery have been heavily cut down in all local levels of the district. A meeting of the Crisis Management Centre Read More...

FNCCI

FNCCI forms committee to resolve disputes

KATHMANDU, AUGUST 6 The Federation of Nepalese Chambers of Commerce and Industry (FNCCI) has formed a committee to resolve the organisation’s annual general meeting (AGM) and election disputes. A virtual meeting of FNCCI today decided to form a six-member panel to study and finalise the orga Read More...

6,000 migrants apply for free rescue from abroad

KATHMANDU, AUGUST 6 Six thousand migrant workers who have lost their jobs in nine different countries, including in Malaysia and the Gulf nations have applied at their concerned embassies to be rescued by the government for free. According to the Ministry of Labour, Employment and Social Secur Read More...

1,466 Nepalis brought home

KATHMANDU, AUGUST 6 As per the working guidelines on rescuing vulnerable Nepalis who have been stranded abroad due to the coronavirus pandemic, 1,466 Nepalis were repatriated home by this evening. These stranded people arrived through nine chartered flights. According to Devendra KC, genera Read More...