" The appointment of the CJ is just as important as that of the PM "
The three big parties, namely the Nepali Congress, CPN (UML) and Maoist Centre – have finally agreed to call the Constitutional Council meeting, scheduled for Friday, to appoint the new Chief Justice.
It's been 14 months since an acting chief justice has been heading the apex court, and this does not augur well for the independence of the judiciary as an acting CJ cannot act with "high morale". It might be recalled that then CJ Cholendra Shumsher Rana had been suspended after an impeachment motion was registered against him on February 13, 2022 for failing to discharge his duties. Following his suspension, Justice Deepak Karki was appointed Acting Chief Justice, but he retired on September 25 last year. Rana retired in December without a verdict by the House or Representatives as to whether he was guilty or not of the accusations made against him.
Hari Krishna Karki is the incumbent Acting Chief Justice, who too is expected to retire in the next few months due to the age bar.
Prime Minister Pushpa Kamal Dahal might have continued to delay calling the Constitutional Council meeting were it not for the memorandum submitted by the Nepal Bar Association to the PM last week urging him to appoint the new CJ at the earliest. The council, headed by the PM, has the Chief Justice, Speaker of the House of Representatives, National Assembly chair, leader of the main opposition and Deputy Speaker as its members. The PM has been dillydallying on calling the council meeting as he does not enjoy a majority to make an appointment favourable to him. Of particular concern to the PM is the Bill for the Amendment of the Investigation of Enforced Disappeared Persons, Truth and Reconciliation Commission Act (2014), or the TRC bill, that was presented in the House last month. The PM had wanted to pass the bill, which would allow the Special Court to award lesser punishment than provided for in the prevailing laws to those having committed serious crimes, through a fast track. At the meeting of the big three leaders on Monday, the PM is said to have expressed his desire to lump together the appointment of the new CJ and the passage of the TRC bill under one package. But the UML chair made it known that the TRC bill should be thoroughly debated before it was enacted into law so that it complied with international laws and the Supreme Court verdicts and did justice to the conflict victims.
The TRC bill and the CJ's appointment are two separate issues, and trying to politicise the issue would be disastrous for the judiciary's integrity and independence.
There is a long process to be followed before the new CJ is appointed. Once the Constitutional Council picks a name as recommended by it, it needs to be approved by the Parliamentary Hearing Committee.
The President will then appoint the new CJ. But the thematic parliamentary committees have yet to be formed to debate different issues. It would be doing great injustice to the sitting acting CJ if he too is to retire without assuming the highest judicial post.
Party leaders would do well to remember that as an organ of the government, the appointment of the CJ is just as important as that of the Prime Minister if good governance is to prevail.
Flights from Manthali
Flights from Manthali to Lukla, the gateway to Mt Everest, have now been increased since April 1 with the start of the spring climbing season. Private airline companies said they were operating 10 to 15 flights a day from Manthali Airport to Lukla. Earlier, an aircraft could operate only two to three flights per day from Tribhuvan International Airport (TIA) to Lukla. A provision to conduct regular flights from Manthali to Lukla was introduced last year with a view to minimising air traffic congestion at TIA. Foreign tourists can now travel to Manthali by car in the morning and take a flight to Lukla from Manthali the same day.
The government's decision to conduct flights from Manthali to Lukla has now paid off as economic activities in Ramechhap district have soared recently with the resumption of the Manthali Airport. Most foreign tourists are now embarking on trekking and mountaineering from there. As of now, a total of 319 foreigners have taken permits to climb the world's tallest peak with the government generating more than Rs 442 million in royalty from issuing the climbing permits. Spring is the most popular season during which airlines companies, hoteliers, climbing guides and porters make money for their sustenance.
A version of this article appears in the print on April 19, 2023, of The Himalayan Times.
