Kathmandu, March 10

Political tussle between ruling CPN-UML and Unified CPN-Maoist regarding the appointment of justices has led to a conflict between the judiciary and the legislature.

The decision of Speaker Onsari Gharti to stall the decision of the Judicial Council to recommend appointment of 11 justices claiming that the Judicial Council was incomplete and the regulations of the new Parliament and the Parliamentary Hearing Committee were yet to be formulated, has drawn lots of criticism.

JC is short of two members with prime minister and the Nepal Bar Association yet to recommend a member each to the JC.

Sources claimed that the political tussle between the major parties, including CPN-UML, UCPN-Maoist and the Nepali Congress, has led to the increasing conflict between the two organs of the state judiciary and legislature.

Senior advocate Badri Bahadur Karki said all the functionaries were supposed to implement the new constitution in good faith. “Each article of the new constitution is operative from day one,” Karki said.

However, due to the conflict between the major parties regarding the appointment of justices of the Supreme Court, the relationship between judiciary and legislature has soured after the Speaker stalled JC’s recommendations.

Sources claimed that UCPN-M Chairman Pushpa Kamal Dahal was unhappy after the JC rejected his party’s recommendation and approved only those recommended by UML and NC.

Two weeks ago, NC Central Working Committee meeting had decided not to proceed with the process to appoint SC justices until the vacancies of Judicial Council were filled.

Former chairperson of the Nepal Bar Association Prem Bahadur Khadka said incomplete JC could not make any appointment.

Meanwhile, UCPN-M leader and member of Parliament Janardan Sharma claimed that it was not appropriate to recommend a former MP and leader of a party for the post of justice so as to elevate him/her as chief justice in future.

Minister for Law, Justice and Parliamentary Affairs Agni Kharel, however, said political parties did not have a stake in appointing justices.

Kharel, who is a member of JC, said the JC would come up with its official version soon after holding a meeting to discuss the latest developments.

Writ against appointment of 11 justices

KATHMANDU: Advocate Bijay Singh Sijapati filed a writ petition at the Supreme Court against the Judicial Council recommendation to appoint 11 justices, on Thursday.

Sijapati, however, said the SC had not registered his writ petition and co-registrar Shree Kanta Poudel has sought time to study the writ first.

Sijapati has pleaded that the appointment was illegal, as JC was incomplete and seven judges of Appellate Court were not eligible to become justices of SC because the constitution clearly mentions that they should be appointed from among the High Court judges.

Advocate Sijapati has also argued that due to the lack of regulation and Parliamentary Hearing Committee it was not appropriate to recommend the appointment of the Justices.

Co-registrar of the SC Poudel said the writ would be registered if that was filed following due process.