KATHMANDU, Nov 2: A controversy surrounding Supreme Court (SC) justices whose names surfaced in connection with alleged middleman Inam Sapkota appears set to enter Parliament, with the ruling Rastriya Swatantra Party (RSP) directing its parliamentary party to initiate the necessary process.
A meeting of the RSP Secretariat meeting held on Saturday decided to move ahead with parliamentary procedures concerning the restructuring of the judiciary and justices facing controversy. The party instructed its parliamentary party to take the necessary initiative in Parliament.
According to party Spokesperson Jagdish Kharel, such controversies cannot be resolved solely through the Judicial Council or the government, and Parliament is the constitutional avenue for addressing them. However, he clarified that the party had not made any decision to seek the impeachment of the justices.
The Secretariat's decision does not explicitly mention impeachment. Nevertheless, some media outlets and legal experts, citing an RSP office-bearer, have interpreted the instruction to initiate parliamentary proceedings as a possible indication of impeachment moves. The decision, however, has opened the door to such proceedings.
Names of Chief Justice Manoj Kumar Sharma and Supreme Court Justice Hari Prasad Phuyal surfaced in messages retrieved from the mobile phone of Sapkota, who has been arrested. Phuyal has acknowledged meeting Sapkota but claimed that he had no improper intentions. He also said he had lodged a complaint against Sapkota with the prime minister's secretariat himself.
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Chief Justice Sharma, meanwhile, has denied having any contact or acquaintance with Sapkota. The name of another SC Justice, Shreekanta Paudel, has also surfaced in the controversy, but he has denied the allegations.
During a full court meeting at the SC on Friday, fellow justices sought explanations from the chief justice and the justices linked to the controversy.
Another full court meeting has been scheduled for Monday. The meeting held on Friday under Chief Justice Sharma discussed recent questions raised about the judiciary, including Sapkota's alleged role as a middleman and reports of meetings and exchanges of messages between him and justices.
The RSP's Secretariat statement said the party had directed its parliamentary party to take the necessary initiative in the House regarding judicial restructuring and justices facing controversy. However, it did not specify what proposal the party intends to introduce or which parliamentary procedure it plans to pursue.
While the RSP appears to be focusing more on possible impeachment proceedings, it has also left open the possibility of amending laws to restructure the judiciary. An RSP lawmaker said the parliamentary party could pursue both legal amendments and impeachment proceedings. However, there is no consensus within the party on which justices should face impeachment.
According to party sources, RSP Chair Rabi Lamichhane is not in favour of seeking the impeachment of Chief Justice Sharma. Some RSP lawmakers have also argued that there is insufficient evidence to impeach the chief justice. Others, however, believe that all justices linked to the controversy, including the chief justice, should face impeachment, the sources said.
RSP lawmaker and advocate Yagyamani Neupane had warned last month that the impeachment provision was not included in the Constitution merely for its ornamental value.
An impeachment motion requires a two-thirds majority in the House of Representatives, which the RSP does not command on its own.
The main opposition Nepali Congress has not taken a clear position either in favour of or against impeachment. Party President Gagan Thapa said on Sunday that the party was ready to discuss judicial independence and integrity without prejudice.
The Nepal Bar Association has also issued an institutional statement on the controversy involving Sapkota and the justices, calling for a fair, independent, credible and time-bound investigation.
Article 101 of the Constitution allows impeachment proceedings against justices on grounds including serious violations of the Constitution and law, incompetence, misconduct, failure to perform duties honestly, or serious violations of the code of conduct.
