Appointment of judges hits a roadblock

Kathmanu, December 9:

The Judicial Council, already in the soup due to the ongoing differences between Law Minister Dev Gurung and member Motikaji Sthapit, has come across yet another procedural hurdle in the process of appointing judges.

“The CA is yet to form the parliamentary hearing committee for the appointment of SC justices. This will affect the judge-appointment process,” a Supreme Court Justice told this daily today. “In the absence of the hearing committee, there will be no provision to check the Maoists’ motive of infiltrating the judiciary,” the Justice added.

SC judges and legal experts have taken the issue seriously and have blamed the political parties of showing apathy towards keeping intact the independence of judiciary.

“It is unfortunate that the JC is not working as expected,” president of the Nepal Bar Association Bishwokanta Mainali said, adding, “Though the provision of hearing is a wrong principle adopted in our constitution, there is no option but follow it in a good manner to protect the judicial independence.”

The second amendment of the Interim Constitution of Nepal, 2007, adopted the provision of parliamentary hearing for the appointment of Supreme Court Justices, heads and members of constitutional bodies and the ambassadors. The Article 155 of the Interim Constitution has made the provision compulsory prior to the appointment of the Justices.

The controversies within the JC and the lack of parliamentary hearing committee have stalled the process to appoint dozens of judges in the apex, appellate and district courts.

However, JC member Basudev Dhungana said that the JC would forward their recommendations to the CA after solving their internal conflict.

“The parliamentary hearing is the responsibility of the CA. We are not worried about it. We are being affected only by our internal problems,” he added.

Former NBA president Sambhu Thapa said the Maoist-led government was showing serious intentions of infiltrating the judiciary.

Eak Raj Bhandari, a CA member representing the Maoists, said the CA was making preparations to form special and subject-wise committees. “The hearing committee will be formed before the JC recommends name of the judges,” he claimed.