Kathmandu, September 12

Senior-most Justice of the Supreme Court Deepak Raj Joshee, who was rejected by the Parliamentary Hearing Committee for appointment as chief justice, was not assigned cases for the second day in a row today.

Chief Justice Om Prakash Mishra, who has sole authority to assign cases to justices of the apex court, told THT that he did not assign any case to Joshee because the latter was going to inspect courts in Dang and Nepalgunj.

“His tour leave document is ready. He was supposed to leave for Dang today, but he said he would leave only after two days,” Mishra said when asked why he did not assign any case to Joshee. Joshee will be visiting Dang and Nepalgunj based courts for nine days.

Joshee, however, told THT that he was ready to discuss the proposal of going on a tour leave but the new CJ signed the document without further discussing the matter with him.

“I had told the CJ that if he had any problem assigning cases to me, then I was ready to go on tour leave,” he said and added that CJ Mishra signed the document under pressure from court employees. “There are some employees that are goading Mishra to act against me,” Joshee said.

Joshee said he had told Mishra that he could think of going on inspection tour after a week when SC annual report would be released.

A top source at the Supreme Court, however, told THT that some justices of the apex court had cautioned Mishra against assigning him cases, citing the reasons offered by the Parliamentary Hearing Committee in its decision to reject Joshee for chief justice.

The PHC had rejected Joshee on August 3. The source said that some justices had told Mishra that the PHC raised questions not only over the genuineness of Joshee’s academic certificates but also over his moral conduct. “Some justices have told Mishra that if he assigned cases to Joshee, whose moral conduct had been questioned, it would erode people’s faith in the judiciary,” the source added.

The source also said that those SC justices had also told Mishra to encourage Joshee to choose graceful exit. If Joshee continues to serve in the SC, he, being the senior-most justice of the apex court, will also be a member of the Judicial Council that makes the decision to appoint judges. As per the rule, he will automatically take charge of acting chief justice if Chief Justice Mishra visits a foreign country or takes leave.

When asked if he was advised by fellow justices not to assign Joshee any case, CJ Mishra replied in the negative.

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