The advocates were pleading before a division bench of Justices Girish Chandra Lal and Tarka Raj Bhatta on behalf of Advocate Om Prakash Aryal who had filed a writ petition at the Supreme Court (SC) against the HLPC´s proposal. [break]
Former president of Nepal Bar Association (NBA) Shambhu Thapa claimed that Karki lacks high moral character required of the person selected to lead the CIAA.
NBA vice-president Tikaram Bhattarai argued that the interim order issued earlier by a single bench of Justice Sushila Karki against the proposal regarding the appointment be upheld.
“If the SC does not stay the proposal, his (Karki) appointment is inevitable,” argued Bhattarai.
Former NBA vice-president Bijay Mishra stated that Karki´s appointment as the CIAA chief would be a mockery of the rule of law.
The hearing will continue on Sunday as advocates for both the writ petitioner and the defendants are yet to plead before the court. Fifty advocates are set to plead on behalf of the petitioner.
A single bench of Justice Karki on March 22 had ordered the government defer the appointment process until April 7 stating that the Interim Election Council, which was formed to hold fresh election, cannot take decision on issues that may have long-term consequences.
Advocate Aryal on March 20 had moved the apex court challenging the government´s preparations to appoint Karki as the chief of the anti-corruption body.
In the petition, Aryal has stated that the recommendation of the HLPC to appoint Karki as head of CIAA is against constitutional provisions and the spirit of the people´s movement, rule of law, good governance, transparency, accountability and the principle of constitutional checks and balances.
The writ petitioner has claimed that Karki is not eligible for the post as he was involved in suppressing the peaceful democratic movement of April 2006.
The Office of the President, Chairman of Interim Election Council and his office, Constitutional Council, the CIAA, UCPN (Maoist) Chairman Dahal and Karki are named as defendants in the writ petition.
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