Nepal | August 08, 2020

Will CJ not adjudicate any case till her retirement?

Himalayan News Service
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Kathmandu, May 7

Chief Justice Sushila Karki attended office today but did not assign any case to herself.

Karki, who was automatically suspended after 249 lawmakers of the Nepali Congress and the CPN-Maoist Centre filed an impeachment motion against her last week, had resumed office on Friday after Justice Cholendra Shamsher JB Rana issued a stay order against the impeachment motion and ordered her to resume office.

CJ Karki neither formed her bench nor did she join any other justices to form division benches.

“This is not the first time that she did not assign any case to herself. It has happened in the past as well. Sometimes other judges are also not assigned any case,” said Mahendra Nath Upadhyay, spokesperson for the Supreme Court.

Senior-most Justice Gopal Parajuli, however, was on leave today.

When asked if CJ Karki would follow the tradition of previous CJs who went on leave for almost a month before retirement, Upadhyay said, “Some CJs took almost a month-long leave in the past, some did not. It’s a personal decision of any CJ.” CJ Karki retires from service in five weeks.  Ruling parties’ sources, however, said an understanding was reached with the judiciary to create a win-win situation for both the judiciary and the Parliament.

As per the understanding reached with the judiciary, the Impeachment Recommendation Committee of the Parliament would send a report stating that the impeachment motion against CJ Karki wasn ot appropriate and the Parliament would pass the IRC report. On the other hand, the Supreme Court would vacate Justice Cholendra Shamsher JB Rana’s stay order issued on Friday that reinstated CJ Karki. As per the understanding, the CJ will not adjudicate any case from now on.

CPN-MC lawmaker Ram Narayan Bidari said the feud between the two key organs of the state could be resolved if all organs restrained themselves.  “The judiciary or the CJ cannot be dictated to by anybody, but CJ Karki, who faces impeachment motion in the Parliament that cannot be overridden by a court’s order, can do what her morality tells her to do,” Bidari added.

Bidari said vacating Justice Rana’s stay order was vital or else it would end the Parliament’s prerogative and the constitution would be rendered ineffective.

READ ALSO:

CJ impeachment motion won’t affect polls: PM to Prez

Parajuli Acting CJ, dubs impeachment motion ‘tragic’

IRC to dwell on impeachment motion against Karki today

 


A version of this article appears in print on May 08, 2017 of The Himalayan Times.


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