The Constitutional Council on Thursday recommended Acting Chief Justice Om Prakash Mishra as new chief justice. The CC meeting held at the Prime Minister’s Office in Singha Durbar unanimously recommended Mishra to lead the judiciary.
The Constitutional Council on Thursday recommended Acting Chief Justice Om Prakash Mishra as new chief justice. The CC meeting held at the Prime Minister’s Office in Singha Durbar unanimously recommended Mishra to lead the judiciary.
The meeting was attended by opposition leader Sher Bahadur Deuba, Speaker Krishna Bahadur Mahara, National Assembly Chairman Ganesh Timalsina, Deputy Speaker Shiva Maya Tumbahangphe and Law Minister Dhakal.
Law Minister and council member Bhanubhakta Dhakal said, “We’ve recommended Acting Chief Justice Mishra for the post of chief justice unanimously after discussing the decision of the Parliamentary Hearing Committee.”
Before the meeting, council members studied the documents of both the nominees—Mishra and Justice Cholendra Shumsher Rana.
Since the parliamentary panel rejected Deepak Raj Joshee’s nomination on August 3, the council is
said to have scrutinised the documents of the nominees forwarded by the Judicial Council. The top post has remained vacant after Chief Justice Gopal Prasad Parajuli resigned on March 15.
The Judicial Council on March 28 recommended three senior most justices—Mishra, Joshee and Rana—to lead the apex court.
Joshee took over as the acting CJ after Parajuli’s resignation. The hearing committee rejected his name since he had failed to assure lawmakers about the allegations over his academic credentials and his controversial rulings in the past.
Mishra will face parliamentary hearing before President Bidya Devi Bhandari appoints him to head the judiciary.
The hearing panel will take at least two weeks to endorse the recommendation, as it will first invite complaints against Mishra. If endorsed, Mishra will lead the judiciary for the next four months.
“We will begin the hearing process as soon as we get the Constitution Council’s letter,” said Laxman Lal Karna, senior most member who chairs the hearing committee’s meetings. After rejection, Joshee went on leave twice, letting Mishra lead the apex court as the senior most justice.
Since Joshee has not resigned, there is no legal barrier for him to continue his service as the senior most justice.
Tika R Pradhan is a senior political correspondent for the Post, covering politics, parliament, judiciary and social affairs. Pradhan joined the Post in 2016 after working at The Himalayan Times for more than a decade.
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