| December 13, 2018

Writ petitions filed for and against justices recommendation

Writ petitions filed for and against justices recommendation
KATHMANDU, March 12: A day after Advocate Bijay Singh Sijapati moved the Supreme Court challenging the Judicial Council’s recommendations for 11 vacant posts of justices, a writ petition has been filed at the apex court on Friday against the decision of the Parliament Secretariat and Speaker Onsari Gharti to send back the recommendations.

In his writ petition filed on Friday, advocate Jyoti Baniya has stated that Speaker Gharti did not have the prerogative to turn back Judicial Council’s recommendations.

According to Supreme Court’s Spokesman Nahakul Subedi, the court administration has not decided yet whether to register the writ petitions.
While advocate Sijapati has argued that the council has no right to make such recommendation before getting a full shape as per the new constitution, advocate Baniya has argued that the speaker overstepped her jurisdiction in sending back the JC’s recommendations.

While Sijapati has stated that the JC made the recommendation with mala fide intent at a time when parliamentary hearing could not be conducted in absence of relevant regulations, Baniya has claimed that the speaker’s move undermines the principle of separation of power as well as the independence of judiciary as enshrined in the constitution.

In his petition, advocate Baniya has sought a court order restraining the parliament from obstructing the process of appointment of justices.
Meanwhile, advocate Baniya has also questioned the speaker’s move to send back the recommendation made by the Constitutional Council approving Ayodhi Prasad Yadav as the chief election commissioner.

The Judicial Council had last week forwarded the names of Deepak Kumar Karki, Kedar Chalise, Sharada Prasad Ghimire, Mira Khadka, Hari Krishna Karki, Bishwambhar Prasad Shrestha, Ishwar Khatiwada, Aananda Mohan Bhattarai, Anil Kumar Sinha, Prakash Man Singh Raut and Sapana Pradhan Malla as possible candidates for Supreme Court justices.

Hari Krishna Karki, Sinha, Raut and Malla are senior advocates while the rest are career judges serving as chief judges at appellate courts.

While turning back the JC’s recommendation on Sunday, Speaker Gharti had argued that the council itself was yet to get a full-shape to make such recommendation and also cited lack of parliament regulations to conduct parliamentary hearings on the recommendation.