Such a decision should be approved by the Parliament, not Cabinet, say prominent lawyers

KATHMANDU, SEPTEMBER 28

The government recently decided to provide post retirement benefits to Acting Chief Justice Deepak Kumar Karki on par with retired chief justices after Karki retires from service on October 2.

A Cabinet minister told THT that the Cabinet decided that any justice who had served for six months as acting chief justice would get post-retirement benefits on par with former chief justices. This decision will benefit Karki who has been the acting chief justice since February 13 when 98 ruling parties' lawmakers filed impeachment motion against Chief Justice Cholendra Shumsher JB Rana, accusing him of entering a quid pro quo deal with the executive and stalling reforms in the judiciary, among other allegations.

The post-retirement benefits that Karki will be entitled to as a result of the Cabinet decision include a personal security officer and monthly fuel expenditure.

The government provides four employees to former chief justices, including a PSO and a driver, as well as a vehicle.

Former CJs also get 100 litres fuel every month for their vehicles.

Rana, who will retire from service on December 13, remains suspended as impeachment motion filed against him remains undecided.

President of the Supreme Court Bar Association Purna Man Shakya, former member of the National Assembly Radhe Shyam Adhikari, and Senior Advocate Surendra Kumar Mahto criticised the government's decision to provide post-retirement benefits to Karki on par with former chief justices, calling the government's decision bad for independence of judiciary.

Adhikari, who is also a senior advocate, said the government's decision to provide post-retirement benefits to Karki on par with former chief justices did not send a good message.

"If the Parliament enacts laws to provide benefits to retired acting chief justices or any judges, I have no problems, but the Cabinet should not try to provide post retirement benefits in this manner. Such decisions will lead to adhocism in the judiciary," Adhikari added.

Shakya said the SCBA would hold a meeting and form institutional views on this. "Providing justices and former justices any kinds of benefits through executive decisions is bad for the independence of judiciary," Shakya said. He added that the SCBA had opposed the government's decision to provide medals to SC Justices last year.

The government was criticised last year when it decided to provide medals to some justices who were among the constitutional bench that invalidated KP Sharma Oli government's decision to dissolve the House of Representatives.

Senior Advocate Surendra Kumar Mahto, putting the decision into perspective, said, "The government is often a defendant in cases involving constitutional issues and if the government is allowed to provide post-retirement benefits to retired judges or award sitting judges, the government can easily influence the judiciary."

He said judges' pay, perks, and retirement benefits should be governed by parliamentary acts and not the government's decisions.

Mahto said it would be good for both the judiciary and the acting chief justice if he decided not to receive post-retirement benefits that the government decided to provide to him.

A version of this article appears in the print on September 29, 2022 of The Himalayan Times.