Appellate court judge blames CJ Giri of ‘ruining’ his career
Kathmandu, January 8:
A chief judge of an appellate court today blamed Chief Justice Kedar Prasad Giri of the Judicial
Council of destroying his chances of being the future chief justice.
“They have ruined my career,” complained Baidhya Nath Upadhya, chief judge of Rajbiraj Appellate Court talking to The Himalayan Times over the phone. Upadhya accused the JC members of halting appointments to the Supreme Court just when his turn had come.
Upadhya is a younger brother of former Chief Justice and the Chairman of the 1990 Constitution Drafting Commission Bishwo Nath and former Chief Justice Kedar Nath.
“Even though I had already talked to Chief Justice Giri, senior justice Min Bahadur Rayamajhi and JC member Moti Kaji Sthapit, they passed the decision to halt the appointments,” Upadhya said.
Upadhya said that he had been deprived of the chance to be the future chief justice as the JC had ousted him from the line.
Upadhya also blamed the JC members of hatching conspiracy against him. “Though there are 25 quotas of the Supreme Court Justices they stopped the appointment when my turn came,” he said, arguing the number of the Justices would reach only 23 in the Supreme Court even if the recommended ten persons got appointed.
“I have no option unless the hearing committee of the parliament thinks over the issue,” Upadhya added. He also claimed that he had been ousted from the line of chief justice since the Judicial Council had picked up the four senior advocates Bipulendra Chakraworti, Sushila Karki, Prakash Osti and Bharat Raj Uprety.
On Monday, the JC had recommended ten names for the appointment of the Supreme Court Justices.
“There is a practice of giving priority to those persons in every appointment who had the chance of being the chief justice,” he argued. He accused that the decision was taken by those people who were not satisfied with his elder brothers Bishwo Nath and Kedar Nath.
“All the five-members have to take responsibility for the decision,” he added.
Meanwhile JC member Baudev Dhungana said that it was not a promotion as thought by some judges and said that it was strictly fresh appointments. “We did not calculate who would be in the line for the next chief justice and we do not have ill-intention for anybody,” he added.