JC gives a sharp twist to judges' tenure tale
KATHMANDU: The crisis in the judiciary was close at hand, and for now it seems it has been averted, at least for two days, after the Judicial Council gave a pretty sharp twist to the tale.
Supreme Court’s five ad hoc judges — Baidhyanath Upadhayay, Tarka Raj Bhatta, Gyanendra Bahadur Karki, Kamal Narayan Das and Bharat Bahadur Karki — were set to retire today, leaving a huge vacuum in the judiciary, as no deal could be reached on ways to retain them.
After daylong efforts by the government, parties and JC itself failed to find an outlet to the crisis, JC, the body that appoints the judges, at the eleventh hour gave a spin to the issue. It said the ad hoc judges can remain in office till December 6, for two more days. “Though they were appointed on December 5, 2010 they assumed the office on December 7,” Khem Narayan Dhungana, member, JC told THT, hinting that their retirement day is still two days away. “We will wait, and hope, for political consensus in the next two days on ways to retain them.” With today’s development, the five ad hoc judges, who were almost prepared to retire in the event of authorities’ failure to hammer out a deal, now have been forced to twiddle their thumbs for two more days. The authorities have two options at hand. First, the government recommends an ordinance to the President to amend the Judicial Council Act. Second, the President invokes Article 158 of the Interim Constitution.
Earlier in the day, political parties did engage in talks to resolve the crisis but failed to make any headway after the Nepali Congress refused to budge, saying it wanted a solution in a package, not only to retain the judges. Thereafter, the government too held its horses. It neither forwarded an ordinance nor recommended invoking Article 158.
Interestingly, there are also two days left for the parties to reach a deal on a consensus government.
Supreme Court’s five ad hoc judges — Baidhyanath Upadhayay, Tarka Raj Bhatta, Gyanendra Bahadur Karki, Kamal Narayan Das and Bharat Bahadur Karki — were set to retire today, leaving a huge vacuum in the judiciary, as no deal could be reached on ways to retain them.
After daylong efforts by the government, parties and JC itself failed to find an outlet to the crisis, JC, the body that appoints the judges, at the eleventh hour gave a spin to the issue. It said the ad hoc judges can remain in office till December 6, for two more days. “Though they were appointed on December 5, 2010 they assumed the office on December 7,” Khem Narayan Dhungana, member, JC told THT, hinting that their retirement day is still two days away. “We will wait, and hope, for political consensus in the next two days on ways to retain them.” With today’s development, the five ad hoc judges, who were almost prepared to retire in the event of authorities’ failure to hammer out a deal, now have been forced to twiddle their thumbs for two more days. The authorities have two options at hand. First, the government recommends an ordinance to the President to amend the Judicial Council Act. Second, the President invokes Article 158 of the Interim Constitution.
Earlier in the day, political parties did engage in talks to resolve the crisis but failed to make any headway after the Nepali Congress refused to budge, saying it wanted a solution in a package, not only to retain the judges. Thereafter, the government too held its horses. It neither forwarded an ordinance nor recommended invoking Article 158.
Interestingly, there are also two days left for the parties to reach a deal on a consensus government.
Legal eagles look askance
KATHMANDU: The Judicial Council’s argument that the tenure of a judge starts from the day s/he assumes office, and not from the day s/he is appointed, has not gone down well with legal eagles. “This is a bogus interpretation. The tenure begins on the day the person in question gets the appointment,” said former attorney general Sushil Pant. Yadu Nath Khanal, President, Democratic Lawyers Association, also said the date of appointment should be taken into consideration to calculate the tenure of a service holder. “It does not matter when the person takes the oath of office,” said Khanal. Senior advocate Ram Prasad Shrestha, who is also the chairman of Progressive and Professional Lawyers’ Association, too echoed Pant and Khanal. Advocate Hari Prasad Upreti, an expert on bureaucratic cases, gave simple logic. “Check the official record in the JC bulletin, which calculates judges’ tenure from the day of their appointments. It’s as plain as day,” said Upreti.
Sabaikhabar.com
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