Govt attorneys express concern over exclusive appointment of justices in SC, high courts from among legal professionals

Published On: July 5, 2023 12:00 PM NPT By: Republica  | @RepublicaNepal


KATHMANDU, July 5: Government attorneys have raised concerns regarding the current preparations to appoint justices to the High Courts and Supreme Court exclusively from the pool of legal professionals.

They argue that the selection process should not be limited solely to individuals practicing law. also to ensure career growth of those already serving as government attorneys within the judiciary. This comes amid inability of the Judicial Council Secretariat to move forward with the appointment of justices to the vacant positions within the High Court and the Supreme Court.

Government attorneys have lodged a complaint, stating that even officers serving at the rank of special class within the judiciary have been denied opportunities to be considered for judicial appointments. They demand their inclusion in the selection process as well.

In a joint press statement, Devraj Paudel, the President of the Nepal Civil Service Employees' Association chapter under the Office of the Attorney General, Tara Prasad Oli, President of the Nepal Civil Service Employees' Union, and Jeevan Adhikari, President of the National Employees' Organization, express their worries that the Supreme Court may become a recruitment hub for party cadres and individuals closely associated with high-ranking judiciary officials.

The statement issued on Tuesday highlights an irony where special category officials of the judiciary fail to secure a position as judges in the Supreme Court, while district judges are denied opportunities in the High Court. Instead, individuals without a significant reputation in the legal profession, lacking national recognition, high moral character, and comprehensive knowledge, secure positions in the Supreme Court solely based on their legal practitioner license.

The government attorneys claimed there was a systematic attempt to discriminate against human resources working within the judicial service when determining the qualifications required for justices in the Supreme and High Courts. They also demanded an amendment to the constitutional system for the appointment of justices.

Employees under the Attorney General's Office complain that the appointment process for justices is becoming opaque due to the absence of parliamentary hearings and competitive evaluations for High Court appointments.

"We strongly urge the correction of constitutional provisions that discriminate against individuals working in the judicial service during the appointment of High Court and Supreme Court judges. This discrimination is evident in the requirements for gazetted first-class qualifications and an excessively long service period, which serve to exclude qualified human resources," reads the statement. They also issue a warning that they will escalate their protests to reform the judiciary if their demands are not met.

 


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