A single bench of Justice Jagadish Sharma Paudel on Monday stated that Parliament's move in sending back the recommendations to the Judicial Council was erroneous on a prima facie basis.
Responding to a writ petition filed by advocate Jyoti Baniya, the apex court has ordered all bodies concerned not to act on the letter sent by Parliament to the Judicial Council until another order from the court. The bench has stated that the interim order has been issued on the basis of the principle of balance of convenience.
"An interim order has been issued in the names of the defendants not to take any action that goes against the recommendations but rather to conduct hearings for the recommended individuals as per the constitution," stated the court order.
The bench has also maintained that the recommendations made by the Judicial Council for the vacant posts of justices of the Supreme Court do not seem erroneous. "Since parliamentary hearings are mandatory before appointing the justices, the letter sent by Parliament for returning the recommendations sent for Parliamentary hearings seems erroneous prima facie," stated the court order.
The Judicial Council on March 2 had 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.
On March 6, the Parliament Secretariat had sent back the recommendations as per the decision of Speaker Gharti, arguing that the Judicial Council itself was yet to get full shape and citing the lack of parliament regulations for conducting parliamentary hearings on the recommendations.
Advocate Baniya filed the writ petition last week, claiming that the Speaker's move was against the constitution and existing legal provisions.
Gharit's clarification
Before the Supreme Court issued its interim order on Monday, Speaker Onsari Gharti organized a press conference and said that her intention in writing to the Judicial Council was only to inform the body that there was no parliamentary hearings committee to conduct hearings on the recommended individuals.
"I met political leaders and the minister for law and justice on the previous day and the chief justice on Monday to discuss the issue. I was not politicizing the recommendations. Rather I was raising procedural issues related to the recommendations and hearings," said Speaker Gharti.
She said that the hearings could take place after Parliament receives recommendations on the formation of the hearings committee.
"I am fully aware of my limitations as Speaker," she added.
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