Sc justices agree to hear cases if lottery system is implemented to schedule cases

Published On: November 17, 2021 11:47 AM NPT By: Bhasha Sharma

KATHMANDU, Nov 17: Four judges, who had not attended the hearing for three weeks demanding the resignation of Chief Justice Cholendra Shamsher JB Rana, resumed their work on  Tuesday. 

The remaining 13 judges have also agreed to sit in a full court meeting and look into the cases if the case is fixed through the lottery system.

Supreme Court Justices Tej Bahadur KC, Bam Kumar Shrestha, Kumar Regmi and Manoj Kumar Sharma on Tuesday heard all types of cases including those related to habeas corpus. Earlier, 19 justices had refused to hear the cases scheduled by Rana other than those related to habeas corpus for the past 23 days.

Despite mounting pressure on him to step down, Chief Justice Rana has been assigning benches on a daily basis. Study reports have shown that corruption and middlemen have increased because benches are assigned to favor a party. 

The study report of the committee headed by SC Justice Harikrishna Karki has also suggested that the case be scheduled through the automated system.

Chief Justice Rana issued a statement on Monday calling for resolving the issue through dialogue. The Nepal Bar Association (NBA) was called for dialogue. However, the NBA has refused to hold discussion with Chief Justice Rana.

Discussions have also taken place in the Supreme Court on Tuesday between the justices and the officials of the NBA.

Secretary of the Supreme Court Bar Rishi Ram Ghimire said that all 19 justices have unanimously agreed that the process of determining the case should take place through a lottery system. “Five judges did not take part in the full court meeting. But they are no different. The judges are of the opinion that there should be no indecision in serving justice,” said Ghimire.

In the discussion with the NBA, the participating justices have stated that they will not sit in the benches assigned by the Chief Justice, nor will they sit in the joint benches with him. They have announced to hear only the cases related to habeas corpus.

The judges have said that they will hear the cases but will not give up the demand for the resignation of the Chief Justice. 

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