Prime Minister KP Sharma Oli is preparing to call a meeting of the Constitutional Council (CC) to recommend another chief justice candidate after receiving the letter from the federal parliament about rejection of acting CJ Deepak Raj Joshee.
The Parliament Hearing Committee secretariat on Sunday forwarded a letter to the council led by the prime minister informing him about Friday’s decision of the PHC to reject Joshee.
Since the CC already has two more names--Justices Om Prakash Mishra and Cholendra Shumsher Rana--recommended by the Judicial Council (JC), it would send one of them to the PHC. On March 27, the council forwarded the three names including Joshee’s to the Constitutional Council to pick the CJ candidate. The post of the chief justice has remained vacant following the resignation of Gopal Prasad Parajuli on March 14.
Sources claimed that the CC would forward the name of senior most Justice Mishra to the PHC for hearing. “Process of appointing the chief justice will begin soon after receiving the letter from the federal parliament,” said newly appointed Law Minister Bhanubhakta Dhakal.
Since the Nepali Congress has objected to the PHC decision to reject Joshee, opposition leader Sher Bahadur Deuba is likely to oppose a fresh recommendation by the Constitutional Council. However, the CC can recommend the chief justice candidate as all other CC members come from the ruling Nepal Communist Party (NCP).
The PM-led CC includes Speaker and Deputy Speaker of the federal parliament, chairman of the National Assembly, leader of the opposition party and the law minister as members. The law minister replaces the chief justice as a CC member while nominating the CJ candidate.
Mishra takes charge of Supreme Court
Senior most justice Om Prakash Mishra took charge of the Supreme Court on Sunday after acting chief justice Deepak Raj Joshee took a 15-day leave. According to SC Spokesperson Bhadrakali Pokhrel, Mishra prepared the cause list on Sunday.