National
Apex court starts hearing on High Court judge appointment
Hearing on five different writs filed against the Judicial Council (JC) decision to appoint 80 High Court judges began on Thursday.Hearing on five different writs filed against the Judicial Council (JC) decision to appoint 80 High Court judges began on Thursday.
The next hearing, however, is expected only after the second phase of federal parliament and provincial assembly elections scheduled for December 7.
The JC, headed by then chief justice Sushila Karki, on January 13 had appointed 80 judges for High Courts.
As many as five petitions were filed at the apex court claiming that the decision to appoint High Court judges violated the Judicial Council Act. JC member Baidyanath Upadhyay, then seniormost justice at the Supreme Court who retired a week after the High Court judge appointment decision was taken, and Ram Prasad Sitaula, a JC member representing the Nepal Bar Association, have submitted their statements to the apex court, saying the decision was taken after they had left the meeting. Upadhyay had not signed the minute of the decision while Sitaula was not present in the meeting. Petitioners have said for the JC to take decisions on issues likes appointment of judges, all the members must be present in the meeting.
The five-member JC is led by chief justice where law minister, seniormost SC justice, an expert in law appointed by the President at the recommendation of the prime minister and a senior advocate recommended by the NBA are members.
The petitioners have also claimed that the “seniority basis criteria” was ignored while appointing the judges.
The appointment decision was endorsed by then chief justice Karki, Padam Baidik, then prime minister Pushpa Kamal Dahal’s nominees and then law minister Ajay Shankar Nayak.
Earlier, responding to a writ filed by advocates Toyanath Dhungana and Prakash Kumar Kafle on January 18, the SC had issued a show cause notice the following day to the JC on the judges’ appointment.