SC quashes writ petitions seeking immediate recommendation of CJ

Kathmandu, June 7

The Supreme Court today quashed two writ petitions filed by advocates Santosh Bhandari and Laxmi Prasad Pokharel seeking immediate recommendation of the new chief justice.

The writ petitioners had argued that as per constitutional provision, a new CJ must be recommended within one month from the day the post of CJ falls vacant, but the defendants did not honour this constitutional provision. The petitioners had named Office of the Prime Minister and Council of Ministers and Constitutional Council as defendants, among others.

A single bench of Justice Cholendra Shamsher JB Rana quashed the petitions.

According to SC sources, the bench quashed the writ petitions, stating that Parliamentary Hearing Committee that conducts confirmation hearing has not been formed yet.

Senior-most Justice of the apex court Deepak Raj Joshee has been working as acting CJ since March 14, when Gopal Prasad Parajuli lost his job of CJ after the Judicial Council wrote a letter telling him that he had already reached retirement age.

The JC sent the names of three senior justices —Joshee, Om Prakash Mishra and Cholendra Shamsher JB Rana  — to the Constitutional Council for chief justice but the CC has not recommended a new CJ yet.