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Law minister backs SC justice

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KATHMANDU, Dec 2: In an apparent bid to defend tainted Supreme Court (SC) Justice Rana Bahadur Bam, whom a high-level probe committee found guilty of issuing a controversial verdict, Law Minister Prem Bahadur Singh on Wednesday claimed that the task of preparing such a report does not fall within the jurisdiction of the committee and thus cannot be implemented by the Judicial Council (JC).



Minister Singh, who is also an ex-officio member of the JC, further clarified that the report submitted by the probe committee headed by SC Justice Bal Ram KC is not acceptable to him. [break]



A knowledgeable source informed Republica that Minister Singh expressed the same view during Wednesday´s informal meeting of JC members held at the chamber of Chief Justice Ram Prasad Shrestha.



"I personally feel that the task of preparing such a report does not fall within the jurisdiction of the committee," Singh told Republica, adding, "The JC has authorized the committee only to investigate into charges against Judge Tej Bahadur Karki and not other judges."



CJ Shrestha, who is also the chairman of JC, however, said, "I cannot comment on the nature of punishment right now. I don´t care who says what and ask you to just wait till Friday,” CJ told Republica.



Minister Singh further said that six judges were involved in issuing verdict to release Sanjay Shrestha, Rohit Paliwan Agrawal and Bhimsen Pandit, who were arrested on charges of kidnapping, murder, and arms possession on low bail.



"We had not authorized the KC-led committee to investigate into charges against Bam and Basnet and recommend action," Minister Singh said, adding, "I am surprised why the comittee indicted Bam and Basnet and not other judges."



Chief Justice Shrestha, however, had formally informed mediapersons that he had delegated the authority to KC-led committee to also investigate into charges against Justice Bam and Judge Basnet some four months ago.



"We will hold extensive discussions on the report," Minister Singh said, adding, "JC will not take any action against Justices Rana Bahadur Bam and Hari Bahadur Basnet as the report prepared by Justice KC itself is controversial."



KC led Committee had concluded that the division bench of Justices Bam and Basnet, the former in his capacity as chief judge at Patan Appellate Court, had released the three accused on a low bail of Rs 100,000, overruling the order of the Kathmandu District Office which had sentenced them to three years in prison and slapped Rs 22,000 fine each.



Justice Bam was has been advised to resign after the KC led committee submitted its report to the Judicial council.



Talking to Republica last Friday, Chief Justice Shrestha had said that he would implement the probe committee report at the earliest. As per the provisions of interim constitution, even the JC, the only body authorized to take action against judges, cannot take any action against a permanent SC justice.



The JC had initiated investigation into charges against Justices Bam, Basnet and Karki following the arrest of Shrestha, Agrawal and Pandit. The three have claimed that they had bribed the judges many times in the past.



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