A full bench of SC Justices Tahir Ali Ansari, Prakash Wasti and Bharat Bahadur Karki on Thursday ordered Joshi´s reinstatement, stating that his sacking was against the law. [break]
The Judicial Council had relieved Joshi of his responsibilities on the charge of incompetence, on March 16, 2006.
Earlier, the Judicial Council had sought clarifications from Joshi, accusing him of involvement in activities against the judicial code of conduct, following his public statements about then King Gyanendra´s direct rule and abuse of power by the then Royal Nepal Army (RNA).
Following the Judicial Council´s action, Joshi moved the apex court in April 2006, seeking his reinstatement.
A division bench of Justices Ram Kumar Prasad Shah and Bharat Raj Uprety had been divided over issuing a verdict as Shah argued that removing Joshi from his post was illegal while Uprety said the decision taken by the Judicial Council was correct.
Addressing a function organized by the District Development Committee, Syangja on the occasion of the birth anniversary of Prithivi Narayan Shah in January 2005, Joshi had said that the then King Gyanendra was ruling the country in violation of the constitution and the then RNA was going beyond its jurisdiction.
He had further said that the rule of law could not exist if the then government and the RNA continued to act against the constitution. Joshi was chief guest at the function.
Though the Judicial Council had sought clarifications from Joshi, accusing him of acting against the judicial code of conduct, it sacked him for alleged incompetence.
"I was sacked unfairly, I got justice today," Joshi told media at the SC after hearing the verdict. He added that at the time of direct rule by Gyanendra there was high-handedness by the then RNA even inside court premises.
Joshi, however, stated that he was not clear whether he would rejoin office. "It remains to be mulled whether I will rejoin office," said Joshi, adding, "My colleagues are going to become justices at the apex court after three years." Joshi is currently serving as a member of the Administrative Court.
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