Judge sans minimum qualifications can be removed: SC

Published On: August 25, 2022 11:40 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, August 25: The Supreme Court has issued an order that the Judicial Council could remove the judge who lacks minimum qualification.

A single bench of Justice Ishwor Khatiwada on Wednesday said the JC could sack judges at any time as per the provision related to qualification of judges in the constitution.

The order was issued in response to a writ petition filed by Renu Yadav, a judge at Tulsipur High Court sacked earlier on the ground of qualifications. "The body that appoints a judge should have authority to sack the judge is a legal principle," Justice Khatiwada said in the order, adding that 'any persons lacking minimum qualification determined by the law cannot be appointed in the post with public accountability.'

A JC meeting held on July 8 had decided to terminate Shah from the post questioning her qualifications.


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