A meeting of JC, the constitutional body responsible for recommending names for appointment as SC justices, recommended Prakash Wasti, Baidyanath Upadhyaya, Tarka Raj Bhatta, Gyanendra Bahadur Karki and Bharat Bahadur Karki for the post of ad hoc justices for a year. [break]
The JC could name the justices for appointment after the provision on parliamentary hearings was removed through an ordinance last month. As per the previous constitutional provision, the candidate proposed by JC would be confirmed only after the parliamentary hearing committee´s endorsement. The provision was removed as there is currently no parliament.
The apex court was left with only six justices, including the chief justice, since January following the retirement of justices Wasti, Upadhyaya, Bhatta, Gyanendra Bahadur Karki, Bharat Bahadur Karki, Kamal Narayan Das and resignation of Bharat Raj Uprety.
Uprety had resigned from the post a week before the expiry of his tenure.
Asked why JC recommended appointment of justices only for a year even as there is a practice of appointing ad hoc justices for a two year term, Assistant Spokesperson for JC Krishna Giri said, “It depends on the discretion of the council.”
The apex court will now have 11 justices, including the chief justice, once Wasti, Upadhyaya, Bhatta, Gyanendra Bahadur Karki, Bharat Bahadur Karki are appointed.
Chief Justice Khil Raj Regmi has not been working in the capacity of chief justice after holding the post of chairman of the Interim Election Council since last month.
Senior most Justice Damodar Prasad Sharma has been working as the officiating chief justice in the absence of Regmi.
As per the Interim Constitution, SC should have 15 permanent justices, including the chief justice. The SC can also appoint ad hoc justices as per the necessity.
Though JC was supposed to recommend appointment of nine justices, it could not take the decision due to differences over the proposed candidates.
The Nepal Bar Association, the umbrella organization of the lawyers across the country, has expressed dissatisfaction with JC for not including the candidates it had proposed.
“It is unfortunate that no candidate from NBA was recommended for appointment to the post,” NBA General Secretary Sunil Pokhrel told Republica.
The apex court is being criticized for delaying justice due to lack of justices. Around 14,500 cases are pending at SC.
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