Advocate Bharat Mani Jangam moved the apex court arguing that Regmi should resign as CJ to maintain 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 as heads of both the executive and the judiciary.[break]
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 head of the Interim Election Council.
The petitioner has maintained that the move is also against Regmi´s earlier commitment that the latter will move ahead by respecting 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 Monday had declined to register the petition asking Jangam to clarify how the petition is different from the one already sub-judice in the court. Regmi and his office have been made defendants in the petition.
Related story
Writ petition filed against Rabi Lamichhane
