KATHMANDU, SEPTEMBER 14
Former Judges Forum-Nepal, which suspended Chief Justice Cholendra Shumsher JB Rana derided during his impeachment hearing, organsied a press conference today and said Rana's impeachment could be taken up by the new House of Representatives to be formed after November 20 elections.
Former Supreme Court justice Pawan Ojha said since allegations against Rana were serious, the new HoR should take up the matter if the current investigation did not conclude in time. The Election Commission has said that the HoR's term would end on September 17, a day before filing of candidacies for general elections. However, ruling parties and lawyers opine that ending the HoR term on September 17 will contravene the constitution, which has fixed a five-year term for the HoR.
Ojha said if the impeachment motion was passed against Rana, he could be deprived of post-retirement benefits and other cases could be filed against him. However, if the impeachment motion fails, he will be declared innocent, he added. "Not taking a call on the impeachment motion will not address these two scenarios and that will be bad for Rana himself."
He said the Impeachment Recommendation Committee was behind in collecting evidence required to prove or disprove allegations against Rana. He cited the allegation that Rana had bought property in Thamel, Kathmandu, for around Rs 2 billion - a case of disproportionate assets - but Rana deposed before the House panel that he bought the property in question for Rs 1 billion. However, the committee did not have Rana's land ownership certificate to know the facts, he added.
Ojha said the impeachment motion filed against Rana would not become redundant with the end of the HoR term and the new House could take up the motion.
On the occasion, FJF-N Chair Top Bahadur Singh issued a press release condemning Rana's 'derogatory' remarks against it and other former judges. FJF-N also challenged Rana to prove his allegation against former chief justices and judges seeking spoils of appointment or any benefits from Rana. The FJF-N said during the impeachment hearing Rana accepted some of the allegations and there should be a thorough investigation by the next HoR if the current HoR did not have enough time to conclude the probe against him.
It is not clear yet what the fate of the impeachment motion registered against Rana on February 13 will be after the term of the HoR ends on September 17.
Senior Advocate Shambhu Thapa also appeared along with former judges and said the impeachment motion was an indictment motion and not a political motion. It cannot be rendered redundant with the end of the HoR's tenure, he added.
He said the spirit of Article 101 (1) of the constitution was that the impeachment motion could be taken up by the next HoR. He demanded that 'derogatory remarks' made by Rana against former judges, including Top Bahadur Singh and Pawan Ojha, should be removed from the record of impeachment hearing.
Accused summoned
The Impeachment Recommendation Committee has summoned Supreme Court justices and lawyers whom suspended Chief Justice Cholendra Shumsher JB Rana mentioned during his testimony before the impeachment hearing panel to respond to its queries on Thursday morning.
Rana had mentioned the names of senior advocates Chandeshwar Shrestha, Shambhu Thapa, Raman Kumar Shrestha, Advocate Lilamani Paudel, and Omprakash Aryal in his testimony.
Gautam said the panel had issued letters to those named in Rana's testimony to record their statement before the panel tomorrow. The panel is scheduled to meet them on Thursday from morning till evening.
Meanwhile, the SC wrote a letter to the Impeachment Recommendation Committee informing it that in the contexts of the principle of separation of powers, independence of judiciary, and the constitution, it would not be appropriate, constitutional, or suitable for SC justices to appear before the parliamentary panel and take part in the question-answer session.
The Supreme Court administration wrote the letter to the panel after the apex court took a decision to this effect.
A version of this article appears in the print on September 15, 2022 of The Himalayan Times.
