The parliamentary hearing could not be conducted, as new Parliamentary Regulations have not been enacted

Kathmandu, March 6

The Parliament Secretariat today informed the Judicial Council that the Parliament could not move any process on the JC-nominated 11 justices for the Supreme Court.

The JC had on Tuesday, nominated 11 justices for the apex court - Dipak Karki, Kedar Chalise, Sarada Prasad Ghimire, Meera Khadka, Hari Krishna Karki, Bishwambhar Shrestha, Ishwar Khatiwada, Anand Mohan Bhattarai, Anil Kumar Sinha, Prakash Man Singh Raut and Sapana Pradhan Malla.

Spokesperson for the Parliament Secretariat Bharat Raj Gautam said the secretariat wrote to the JC that the Parliament could not conduct parliamentary hearing, as new Parliamentary Regulations had not yet been enacted as per the new constitution. The secretariat wrote the letter to the JC as per the decision of the Speaker, said Gautam.

Gautam also said the government, for similar reasons, had itself withdrawn the nomination of Ram Prasad Sitaula, who had been recommended as a JC member by the then prime minister Sushil Koirala. Sitaula’s nomination was withdrawn by KP Sharma Oli after he became the executive head.

Senior Advocate Bishwa Kanta Mainali said today’s move of the Parliament Secretariat was not unexpected. “There is neither a Parliamentary Hearing Committee nor Parliamentary Regulations to govern the hearing process.

In such a situation, the Parliament cannot act on the JC’s recommendations,” Mainali said, adding that once the Parliamentary Hearing Committee was formed and Parliamentary Regulations were enacted, the JC could again forward the names of 11 persons who have been nominated as SC justices.

JC’s nomination became controversial, as it nominated 11 justices without the prime minister and Nepal Bar Association nominating their representatives to the constitutional body.

Moreover, Senior Advocate Sapana Pradhan Malla, who was a CPN-UML lawmaker in the first Constituent Assembly under PR system, was among the 11 nominees.

Malla, however, claims she is not a UML loyalist but is an apolitical person and went to the CA to contribute to the constitution-making process.

Another controversy that hit the JC nomination was the recommendation of Senior Advocate Anil Kumar Sinha and the seniority list.

Among the four senior advocates, three, if confirmed by the Parliament, can become Chief Justice but Sinha will retire without becoming the CJ.