Responding to two writ petitions separately filed by advocates Bharat Mani Jangam and Om Prakash Aryal, a special bench on Thursday ordered that a final hearing on the writ petitions regarding the issue will be conducted by a special nine-member bench on July 4.
The special bench comprises Acting Chief Justice Damodar Prasad Sharma and Justices Ram Kumar Prasad Shah, Girish Chandra Lal, Sushila Karki, Prakash Wasti, Baidya Nath Upadhyaya, Tarka Raj Bhatta, Gyanendra Bahadur Karki and Bharat Bahdur Karki. Justice Kalyan Shrestha is currently abroad.
Earlier, responding to another writ petition filed by advocates Chandra Kanta Gyawali and 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.
Jangam and Aryal had separately filed two writ petitions challenging the proposal to appoint Regmi. After his appointment, Advocates Gyawali and Aryal had moved the apex court with another petition stating that the move was “unconstitutional”.
After that, Advocate Gopal Shiwakoti filed a writ petition at the SC arguing that the president´s order related to the ordinance on removing the constitutional hurdles was against the Interim Constitution. He has also sought Regmi´s removal from the post of the head of the government.
Advocate Kanchan Krishna Neupane had filed another writ petition against the decision on appointing Regmi as the chairman of the Interim Election Council. Likewise, advocate Subhash Acharya had filed a writ petition on March 17, arguing that in approving the ordinance on removing constitutional difficulties, the president had misused his powers relating to such an exercise, and that this had violated the Interim Constitution.
Jangam on May 28 had moved the apex court with another petition arguing that Regmi should resign as CJ to uphold the independence of the judiciary. He has maintained that Regmi´s resignation as CJ is a must to uphold constitutional supremacy and the principle of separation of powers.
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.
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