Claims he is a victim of witch-hunt by NBA, justices
KATHMANDU, AUGUST 31
Suspended Chief Justice Cholendra Shumsher JB Rana appeared before the Impeachment Recommendation Committee of the House of Representatives today and claimed that he had committed no wrong.
He said he was a victim of a witch-hunt led by the Nepal Bar Association, fellow justices, and media who portrayed him in a negative light regarding his performance and integrity.
Committee member Ram Bahadur Bista told THT that Rana questioned the impeachment investigation process, saying the investigation should have been launched within seven days of the impeachment motion being filed against him.
Another member of the committee, Kalyani Kumari Khadka, said Rana told the panel that the impeachment motion was filed against him as he turned down the current coalition leaders' proposal to make senior-most justice Deepak Kumar Karki the chief justice.
Karki, who is the acting chief justice, could have become the chief justice only if Rana had resigned from his post in the face of the controversy.
According to Khadka, Rana told the panel that it would have made sense if the CPN-UML, which lost power due to the constitutional bench's directive leading to Sher Bahadur Deuba becoming the prime minister, had moved the impeachment motion against him. Rana said had the SC verdict in the case filed against the then prime minister KP Sharma Oli's move to dissolve the House of Representatives been erroneous, the UML should have filed the impeachment motion against him and other justices of the constitutional bench that delivered the verdict.
Khadka said Rana's argument did not impress anybody because lawmakers had moved the impeachment motion against him after allegations were made against him and his efficiency and integrity.
Rana answered only a few questions today and will have to appear before the panel tomorrow as well.
"We do not know how long the process of recording Rana's statement will go on. It depends on how he defends his case. Sometimes his one argument could evoke 10 responses from us," Khadka added.
Committee member Min Bahadur Bishwakarma told mediapersons that Rana made some irrelevant remarks but the committee members ignored them as Rana had the right to defend himself.
Bishwakarma said the committee was determined to conclude its investigation against Rana within three months.
Ninety-eight lawmakers from the ruling coalition had registered a motion of impeachment against Rana at the Parliament Secretariat on February 13. In the 21-point impeachment motion, lawmakers stated that Rana failed to uphold the rule of law or protect democracy and human rights.
They said anomalies, discrepancies, and corruption increased in the judiciary during Rana's tenure. Lawmakers said Rana lacked merits that were consistent with the principle of independence of judiciary.
The Nepal Bar Association had launched protest against Rana that went on for weeks. It accused him of seeking a quid pro quo deal with the executive and stalling much needed reforms in the judiciary. Rana was accused of seeking to appoint his brother-in-law Gajendra Hamal a minister in the Sher Bahadur Deuba Cabinet.
However, Rana is unlikely to be impeached, as that requires the support of two-thirds lawmakers and the ruling coalition does not have two-thirds majority. The passage of the impeachment motion is possible only if the UML backs the motion. But the UML has shown no inclination to do that.
A version of this article appears in the print on September 1, 2022 of The Himalayan Times.
