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Sitting justice questions Judicial Council's role

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KATHMANDU, Dec 19: At a time when legal experts have been criticizing the Judicial Council (JC) for being responsible for growing number of vacant positions at the Supreme Court (SC), a sitting justice of the SC has questioned the performance of the council in public.



Addressing a program organized on the occasion of the 22nd anniversary of the council in the capital on Tuesday, Justice Ram Kumar Prasad Shah stated that the judiciary would not have witnessed the present situation in the SC, if the JC was a far sighted.[break]



Chief Justice Khil Raj Regmi, who is the chairman of the council, and Prime Minister Baburam Bhattarai, who also holds the portfolio of the ministry of law and justice, and other members of the JC and justices of the apex court were present at the program while Shah was delivering his speeches.



"The Judicial Council could not make recommendation for appointment of justices in the last 13 months," Shah said, adding, "It spent 13 months making criteria of appointment of justices." He claimed that the council had failed to set any goal.



Shah also expressed strong dissatisfaction over appointment of justices on the base of political affiliation rather than competency. "Even the least competent and inexperienced persons are appointed [to the post of justices]," he stated, adding, "The recommendations made by the Judicial Council seemed to be weakening the judiciary rather than making it strong."



Stating that the SC is not a place for justices to learn, Shah said that competent, experienced and trained persons should be appointed to the post of justices at the apex court. "District and appellate courts are the place to learn but not the apex court," he maintained.



President of Nepal Bar Association Prem Bahadur Khadka said that temporary justices could not continue in their post because the council had delayed to address the issue. "The situation did not arise over night," he said, adding, "Why did the Judicial Council not think about the issue earlier?"



Addressing the same program, Chief Justice Regmi stated that the present political transition has also affected the judiciary like other bodies in the country. There are only six permanent justices including the chief justice and one temporary justice at the SC. Tenure of five temporary justices expired some two weeks ago.



Meanwhile, the Judicial Council honored Principle Judge of the Appellate Court, Patan, Kesari Raj Pandit and judge at the District Court, Makawanpur, Tek Narayan Kunwar with best judge award.



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