The JC has been meeting regularly since Friday to make recommendations for three permanent justices and 10 ad-hoc justices at the Supreme Court, but the meeting concluded without taking any decision.
"The meeting concluded today (Sunday) and the JC is yet to take any decision. The next meeting is not yet fixed," said Krishna Giri, acting-secretary at the JC, declining to comment any further.
However, a JC source said that Chief Justice Ram Kumar Prasad Shah wound up the meeting on Sunday as Minister for Law and Justice Narahari Acharya took the stance that permanent justices should also be recommended from among advocates as the JC had recommended eight chief judges of appellate courts as permanent justices the last time.
According to a source close to Minister Acharya, Chief Justice Shah and senior-most Justice Kalyan Shrestha remained firm on recommending advocates only as ad-hoc justices but not as permanent justices and concluded the meeting without taking any decision. "If any advocate is appointed a permanent justice now, he could reach the leadership of the judiciary in future and the chief justice fears this," said the source.
The vacant positions on the Judicial Council also complicate the possibility of another meeting in the near future. JC member Upendra Keshari Neupane, who was recommended by Nepal Bar Association, resigned some months ago and the tenure of another member, Khem Narayan Dhungana, who was recommended by the prime minister, ended on May 30. Dhungana was appointed a JC member on May 30, 2011.
An indecisive Judicial Council has rendered the fate of ad-hoc judges at the appellate courts uncertain. Altogether 26 ad-hoc judges were appointed at various appellate courts on June 9, 2011. The JC had renewed their appointment last year for another year. The tenure of the 26 ad-hoc judges ends on June 9. If the JC cannot meet before June 9, all the 26 judges would have no option but to end their careers.
"If the judges have to quit their careers, it would be an injustice towards them," said Sunil Kumar Pokharel, general secretary of Nepal Bar Association. "The JC should settle matters and appreaciate the fact that the constitution has clear provisions on appointing justices from among legal practitioners, advocates and senior advocates also," he added.
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