Here’s what legal experts say as PHSC turns down Joshee

Published On: August 3, 2018 05:10 PM NPT By: Republica  | @RepublicaNepal

KATHMANDU, Aug 3: There are various criticisms arising after Parliamentary Hearing Special Committee (PHSC) turned down the name of acting Chief Justice Deepak Raj Joshee for the post of the new chief justice.

No proper inquiry before taking the decision: Om Prakash Aryal

PHSC came to a conclusion to reject Joshee without any logical reasons. Further inquiry should have been maintained before refusal of Joshee for the post. The committee should have recommended for the legal procedure if there was the case of forged documents. But it ended with politics of vote. The decision should have come on the reference of objectives and facts.

Meanwhile, Nepali Congress has tried to show the party stance boycotting the voting. Let's see how the development will go on.

Practice of controlled judiciary system is likely to prevail: Bhimarjun Acharya

We cannot see the development from a single corner. Firstly, we cannot deny that only PHSC has the right whether or not to endorse.

Secondly, PHSC is a sovereign committee, we have to accept this. Thirdly, during and after the hearing, committee members met with various political figures before reaching to the decision. It has been learned Prime Minister himself interfered in the procedure and the committee waited for the signal from the government. Due to this, we cannot say that the committee reached the conclusion independently and has been influenced by a hidden source.

Next thing is that the judiciary system of the country is gradually losing its independence and practice of controlled judiciary system is likely to prevail in the country. During the hearing of Joshee, whole procedure has been influenced several times. This kind of practice might continue in future as well. Similarly, the main opposition party did not involve in the parliamentary activities that might lead to conflict between the government and opposition.

However, if this incident would be a reference for the judiciary transformation then it will follow a good result but that totally depends on the government.

Though PHSC turned down the name of Joshee, he can continue as justice at Supreme Court. But it will be a moral dilemma. He will be acting CJ till next appointment. The tussle between the government and the judiciary could be foreseen because of his presence.

There are two more names recommended by the judiciary council for the new CJ of the country- Om Prakash Mishra and Cholendra Shamsher JBR. The constitutional council might recommend either name from two. There might be hearing as well.

Along with this, there has been a raised question on moral of Prime Minister. Being the chairperson of the constitutional council, he was in a major role to recommend the name of Joshee. This has raised a big question mark on the role of PM. He should be accountable to response why did the council recommend Joshee’s name for the post.

It is an opportunity to maintain sanctity of the judiciary: Tika Ram Bhattarai

This is not an unusual decision. This is an opportunity to maintain the sanctity of the judiciary. Every stakeholder should move forward taking this as an opportunity. This incidence has also taught a lesson that persons holding special portfolio should work with high integrity. There are some obvious challenges. This incidence has also raised concerns that this could be a trigger point to curtail freedom and jurisdiction of the judiciary.  The government and the legislature should clarify this doubt. In short, today’s decision was obvious.



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