KATHMANDU, DECEMBER 7
The Nepal Bar Association today issued a press release condemning Parliament Secretariat's Secretary General Bharat Raj Gautam's clean chit to Rana. It has asked the concerned government body not to implement Gautam's decision.
Expressing deep concern about Gautam's move, the lawyers' umbrella body said Gautam's step was an interference in the sovereign parliament's jurisdiction and action should be taken against Gautam for acting against the constitution, relevant laws, and parliamentary values and norms.
Nine lawyers, including President of Supreme Court Bar Association Purna Man Shakya, Vice-president of SCBA Mukunda Prasad Paudel and Advocate Bikash Bhattarai, filed a writ petition at the Supreme Court demand that the court stay the implementation of Gautam's decision. They have argued that the power to declare the impeachment motion filed against Rana void rested only with the elected members of the HoR.
They have argued that Gautam had no jurisdiction to give clean chit to Rana and it was a case of jurisdictional error. Petitioners said Gautam's step, which he took at a time when the new HoR meeting was about to convene, was prima facie unconstitutional as it was aimed at rendering the power of the new HoR ineffective.
They have demanded that the court issue an interim order against Gautam's letter and to bar CJ Rana from resuming his duty at the SC.
The first hearing of the case has been scheduled for Friday.
Tensions ran high on the SC premises today after it was reported that Rana was going to resume working after getting clean chit from the Parliament Secretariat.
Lawyers threatened to block Rana's entry into the court.
Rana has been accused of hobnobbing with the executive, favouritism, corruption, and not implementing Justice Hari Krishna Karki-led committee's report which has recommended effective measures to address problems dogging the judiciary.
CPN-Maoist Centre leader Dev Prasad Gurung told THT that Gautam's decision to give clean chit to Rana was unconstitutional. "Gautam's move is a coup against the constitution. It is up to the HoR to pass or not to pass a motion or declare or not to declare a motion void," he said. He added that the new HoR should probe Gautam's inefficiency and take punitive action against him for issuing clean chit to Rana.
CJ Rana will retire from service next week on age grounds. Rana was preparing to go to the SC but did not do so as lawyers were preparing to block his entry at the gate.
Gautam and Rana could not be contacted for comments.
A version of this article appears in the print on December 8, 2022, of The Himalayan Times.
