A division bench of Justices Prakash Wasti and Tarka Raj Bhatta on Wednesday ordered that both the petitions be put together for hearings. Advocate Om Prakash Aryal on March 20 had filed his first writ petition after the High Level Political Committee (HLPC) proposed appointing Karki as the head of the anti-graft body while Aryal moved the apex court on May 12 following the Constitutional Council (CC)´s recommendation to President Ram Baran Yadav to appoint Karki.
The writ petitioner has urged the court to scrap the CC decision to appoint Karki and to relieve him from the post. [break]
Aryal has also asked the apex court to stop Karki from working in the capacity of the CIAA chief until it passes final verdict on the issue. He has said that the appointment is “unconstitutional” and against an earlier SC order.
Aryal has argued that Karki is not competent for the post as he does not have the requisite 20 years of experience. He has maintained that the CC move is also against the 11-point agreement which states that the Interim Election Council, which has been formed only to hold fresh polls, will not take any decision with long-term impact.
The writ petitioner has urged SC to issue an order to bar individuals found involved in human rights violation from holding a public post.
Aryal has claimed that the recommendation of HLPC to appoint Karki as the CIAA chief commissioner is against the preamble of the Interim Constitution, article 1, 12 (2), 13 (1), 33 (c), 119 (5) (e) and 155 (1) and against the spirit of the people´s movement, rule of law, good governance, transparency, accountability and constitutional checks and balances.
The president´s office, Chairman of the Interim Election Council Khil Raj Regmi, CC, CIAA and Karki, among others, have been made defendants in the writ petitions.
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