Nepal | June 03, 2020

JC tells CJ to sack Pokhara HC judge

Himalayan News Service
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Kathmandu, October 18

The Judicial Council has recommended the chief justice to sack Pokhara High Court Judge Nara Bahadur Shahi for violating judges’ code of conduct.

Spokesperson for the JC Man Bahadur Karki told THT that a probe committee formed under a Supreme Court justice had submitted its report stating that Shahi’s conduct was in violation of the Judicial Council Act, 2016.  The JC had initiated investigation against Shahi and two other judges of Pokhara High Court — Jiwan Hari Adhikari and Ramchandra Yadav — after the SC ordered it on July 25 to take action against them for passing erroneous orders in the Gorkha Brewery case.

Single bench of Chief Justice Cholendra Shumsher JB Rana had stayed the interim order passed by Yadav, Shahi and Adhikari for acting beyond their jurisdiction in a case filed by Gorkha Brewery against the imposition of excise duty by a Bharatpur based Inland Revenue Office.

Yadav first issued an interim order in the case which was endorsed by the division bench of Adhikari and Shahi.

Karki said although the investigation against three judges started after they passed interim order in the Gorkha Brewery case, the JC’s decision to sack Shahi was not based on this case as the case was still sub-judice in the SC. “JC decided to sack Shahi for violating judges’ code of conduct,” Karki said.

The JC decided not to take any action against Yadav and Adhikari, who were asked to furnish clarification, as they had already resigned, said Karki. Bharatpur Inland Revenue Office had challenged the Pokhara High Court’s order in the SC, arguing that the high court’s order was erroneous as it had acted beyond its jurisdiction.

Nara Bahadur Shahi was a lawyer before being appointed as a high court judge in January 2017.

 


A version of this article appears in print on October 19, 2019 of The Himalayan Times.


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