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28 additional judges to be relieved from post due to constitutional provision

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KATHMANDU, Dec 11: After serving for two and half years as judge, 28 additional judges at different appellate courts are certain to be relieved from their posts because of a provision in the newly promulgated constitution.

The tenure of the additional judges will end on Saturday and the Judicial Council has failed to decide until Friday about the extension of their tenure due to the constitutional provision.


"The council has not taken any decision until today (Friday) about the 28 additional judges," said Devendra Dhakal, spokesperson of the Judicial Council.

According to Article 300 (6) of the new constitution, the additional judges engaged at appellate courts during the commencement of the constitution, shall continue to remain in their offices till the term specified during their appointment.

As the provision remained restrictive, the recent meetings of the Judicial Council could not take any decision regarding their future.

According to a council source, the judges had pleaded to the council members, including the Chief Justice Kalyan Shrestha, to seek ways to give continuity to them on the positions but the council could not decide on it going against the clear provision of the new constitution.

Among 30 additional judges appointed for a year on June 10, 2013, the Judicial Council had extended the tenure of 28 judges for yet another year. As the Judicial Council failed to appoint permanent judges at the appellate courts, the tenure of 28 judges were again extended for another six months. The six-month long extension ends on Saturday and the Article 300 (6) of the new constitution has barred the Judicial Council from extending the tenure further.



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