Picking acting CJ a short-term remedy

Himalayan News Service

Kathmandu, July 7:

Two former Chief Justices today said an Acting Chief Justice can be designated only for a short time, while the president of the Nepal Bar Association, Shambhu Thapa, said that designating an Acting Chief Justice is against the spirit of the Constitution. Their remarks come at a time when high-ranking officials of the government and the judiciary are planning to appoint an acting chief justice. The post of the Chief Justice will fall vacant with the retirement of incumbent CJ Hari Prasad Sharma on July 29. “The King should appoint a Prime Minister and reinstate the dissolved House of Representatives to pave the way for the appointment of the Chief Justice,” Thapa said. Former CJ Mohan Prasad Sharma said: “An acting CJ can be designated only when the CJ has gone abroad, when he is ill or cannot perform his duties due to other reasons. But it is only a short-term remedy,” he said. Another former Chief Justice, Trilok Pratap Rana, said: “Since the Constitutional Council cannot be activated in the absence of the Prime Minister, appointing an Acting CJ is the only way out.”