Responding to the writ petition filed by advocate Bijay Singh Sijapati, a single bench of Justice Jagadish Sharma Poudel gave the verdict of scrapping the petition. The court has stated that the recommendations do not have legal and constitutional questions.Sijapati had filed a petition in the second week of March demanding court order to annul the recommendations made by the Judicial Council.
Sijapati had argued that the council had no right to make such recommendations before itself getting a full shape as per the new constitution. Sijapati had also argued that the JC made the recommendations with mala fide intent at a time when parliamentary hearing could not be conducted in absence of relevant regulations.
Earlier, the same bench of Justice Paudel last week had issued an interim order to the Parliament Secretariat and Speaker Onsari Gharti to conduct parliamentary hearings for the 11 individuals recommended by the JC. The apex court had stated that Parliament's move in sending back the recommendations to the JC was erroneous on a prima facie basis. Responding to a writ petition filed by advocate Jyoti Baniya, the court had then also said that the recommendations made by the JC for the vacant positions of justices did not seem erroneous.
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 the Supreme Court justices.
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