KATHMANDU, Aug 6: As the acting Chief Justice (CJ) Deepak Raj Joshee went on leave after the Parliamentary Hearings Committee (PHC) rejected his name as the CJ on Friday, the senior-most justice at the Supreme Court, Om Prakash Mishra, assumed office as the acting head of the judiciary on Sunday.
“Justice Mishra has taken charge as the acting CJ by publishing the cause list for Sunday,” Bhadrakali Pokhrel, spokesperson for the SC, told Republica. According to him, the senior-most judge taking charge as the acting CJ is a normal process when the CJ or the acting CJ is absent.
Article 129 (6) of the constitution states: “If the office of the Chief Justice falls vacant or the Chief Justice is unable to carry out the duties of his or her office by reason of illness or otherwise or he or she cannot be present in the Supreme Court by reason of a leave of absence or his or her being outside Nepal, the senior-most Judge of the Supreme Court shall act as the Acting Chief Justice.”
The Supreme Court on its website has replaced the name of Joshee as the acting CJ with the name of Justice Mishra.
Justice Mishra who published the cause list Sunday also assigned himself a division bench along with Justice Bam Kumar Shrestha and assigned 40 cases to the bench.
Joshee whose name was rejected as the CJ by the PHC on Friday had met President Bidya Bhandari Saturday to take a leave for two weeks. According to sources, Joshee has been taking rest at his residence after amid controversy and pressure to resign.