Nepal | June 07, 2020

Another HC judge under JC scanner quits

Himalayan News Service
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Yadav was appointed judge in 2009 and had three more years of service remaining

Kathmandu, August 25

Pokhara High Court Judge Ram Chandra Yadav, who was among three HC judges being probed by the Judicial Council for issuing orders beyond their jurisdiction, has put in his papers.

Earlier, another high court judge Jiwan Hari Adhikari had resigned. The third judge facing JC probe is Nara Bahadur Shahi.

Yadav was appointed judge in 2009 and had three more years of service remaining.

In the last week of July, the JC had formed a committee under SC Justice Sapana Pradhan Malla to investigate alleged wrongdoing by the three Pokhara High Court judges for passing orders in a case filed by Gorkha Brewery. The SC observed that the case was beyond their jurisdiction.

A single bench of Chief Justice CholendraShumsher JB Rana had, on July 24, ordered the JC to take action against Adhikari, Shahi and Yadav for acting beyond their jurisdiction.

Adhikari, Shahi and Yadav were transferred to the Judicial Council on deputation about a week ago in the face of the controversy.  Whenever JC takes action against any judge, they remain with the JC till investigation against them is over.

On July 24, the SC had also stayed the interim order passed by the single and division benches of Pokhara High Court that had stayed Bharatpur Inland Revenue Office’s decision to impose excise duty on the company.

The JC had told the probe committee formed under Malla to submit its report within 15 days.

A single bench of Pokhara High Court Judge Ram Chandra Yadav first issued an interim order in the case, which was endorsed by the division bench of Jiwan Hari Adhikari and Nara Bahadur Shahi.

Bharatpur Inland Revenue Office had challenged Pokhara High Court’s order in the SC, arguing that the order was erroneous as the judges had acted beyond their jurisdiction.

Inland Revenue Office, Bharatpur, had argued that Gorkha Brewery should have registered its writ petition at Patan High Court in Province 3 or its Hetauda bench, but it filed the case at Pokhara High Court, which falls under Gandaki Province.

Yadav had resigned on August 22.

A version of this article appears in print on August 26, 2019 of The Himalayan Times.

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