Responding to a writ petition filed by Advocate Bharat Mani Jangam, a single bench of Justice Girish Chandra Lal ordered Regmi to furnish clarification in writing within 15 days as why the latter should not resign as the post of chief justice as demanded by the petitioner.
Earlier, responding to a writ petition filed by advocates Chandra Kanta Gyawali and Om Prakash Aryal, a single bench of Justice Lal on March 18 had issued an interim order stating that Regmi should work only as the head of the Interim Election Council so that his post as the chief justice would not affect independence of the judiciary. [break]
Jangam on May 28 had moved the apex court arguing that Regmi should resign as CJ to uphold independence of the judiciary. He has maintained that Regmi´s resignation as CJ is a must to maintain constitutional supremacy and the principle of separation of powers.
The writ petitioner has stated that it is against the democratic system and the universally accepted principle of justice for the same person to hold the offices both as the head of the government and the judiciary.
Stating that the move is against the preamble of the Interim Constitution and articles 100, 102, 106 (1) and 112 of the Interim Constitution, Jangam has claimed that political parties have encroached on the independence of judiciary due to Regmi´s “myopic” decision to hold the post of the head of the Interim Election Council.
The petitioner has maintained that the move is also against Regmi´s earlier commitment to respect the decision of the judiciary.
Jangam has also stated that the move is against the existing code of conduct for justices that prohibit them from holding meetings with defendants of a sub-judice case.
The SC administration on May 27 had declined to register the petition asking Jangam to clarify as to how the petition is different from the one already sub-judice in the court. Regmi and his office are named as defendants in the petition.
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