A late night Judicial Council’s decision to recommend 80 judges for High Courts has met with severe criticism, with charges of nepotism and favouritism being heaped on the chief justice-led constitutional body responsible for appointment of judges.

The meeting of the Judicial Council (JC) that continued till late night on Thursday, according to knowledgeable sources, has also flouted established norms and criteria while recommending High Court judges. People close to judges and political party leaders have been appointed as High Court judges, they said.

In case of disagreement, the five-member JC decides through majority.

But on Thursday night, Baidyanath Upadhyay, who is a JC member as the seniormost justice of the Supreme Court, refused to sign the decision, while Ram Prasad Sitaula, another JC member, was absent.

Upadhyay is retiring on Friday. Sitaula was appointed JC member by the President on the recommendation of the Nepal Bar Association, which has taken serious exception to the council’s decision.

The recommendations, hence, were effectively made in the presence of Chief Justice Sushila Karki, who heads the JC, Law Minister Ajay Shanker Nayak and Padam Baidik, who was appointed JC member by the President on the recommendation of the prime minister.

Of the 80 judges appointed, 18 are said to be close the Nepali Congress, six to the CPN (Maoist Centre) and five are said to be close to the main opposition CPN-UML.

Some appointees are relatives of leaders and top officials. Dhurv Raj Nanda, who has been recommended as a judge for Janakpur High Court (Birgunj bench), is brother-in-law of Krishna Giri, secretary of the JC. Giri himself has been recommended for Patan High Court. Similarly, Subash Poudel, who has been recommended for Biratnagar High Court, is brother of SC justice Jagadish Poudel. Dipendra Bahadur Bam, son of former Supreme Court justice Rana Bahadur Bam who was assassinated in Kathmandu on May 31, 2012, has been recommended for Biratnagar High Court (Okhaldhunga bench).

Besides, relatives of Deputy Prime Minister and Minister for Home Affair Bimalendra Nidhi, Minister for Physical Infrastructure and Transportation Ramesh Lekhak, Minister for Tourism and Civil Aviation Jeevan Bahadur Shahi and former aide to Nepali Congress President Sher Bahadur Deuba also have been recommended as judges. Of the 80 judges recommended, 34 are from among District Court judges and 25 are senior legal practitioners. Ten individuals have been picked from among those who had earlier served as additional judges at the erstwhile appellate courts.

Eleven have been selected from among those who were in judicial service as special class and first class officers.

Objecting to the JC decision, NBA said in a statement on Friday that the decision has violated several norms. “At least 50 percent judges should have appointed from the lawyers’ fraternity; the JC decision has breached the established norms,” added the umbrella organisation of lawyers.

It has also taken serious exception to “the sudden and midnight decision”, saying the recommendations made without the consent of two JC members—Upadhayay and Situala—have but raised several questions.

“The decision is not in line with the principle of inclusiveness and proportional representation,” NBA added. “The association has serious reservation about the decision and it is not going to accept it.”

Advocate Dipendra Jha also said the JC flouted the principle of inclusiveness and proportional representation. “The decision also lacks transparency; it smacks of nepotism and political sharing,” he added.