Kathmandu, January 12
Members of Nepal’s Judicial Council, which is responsible for nominating judges to the newly-formed High Courts, remain divided over the task amid pressure from the ruling party to name a Maoist-aligned ‘junior’ lawyer for the post.
The council, which comprises Chief Justice Sushila Karki, senior Justice Baidhyanath Upadhyaya Law Minister Ajayshanker Nayak, jurist Padam Prasad Baidik and jurist Ram Prasad Sitaula, has been split over the task as Prime Minister Prachanda, through Baidik, tries to influence the members to nominate advocate Som Sapkota.
Meanwhile, a dispute over ‘political quota’ has also surfaced in council. While Minister Nayak suggests each JC member be given the authority to choose six judges, Karki wants at least 40-50 judges picked from the Judicial Service.
Baidik and Minister Nayak are strongly lobbying in favour of Sapkota, CJ Karki, justice Upadhyaya and jurist Sitaula have been against Sapkota’s nomination. According to sources, Sapkota is son-in-law of former minister Dinanath Sharma.
“Karki, Upadhyaya and Sitaula are against Sapkota’s nomination. He does not have the experience and the qualification to become a high court judge,” a source told Onlinekhabar.
The Chief Justice maintains that a high court judge should be professionally capable and qualified for the post. “Political parties may lobby in favour of anyone whom they choose to, but the Chief Justice needs to own up to the appointments,” Karki was quoted as saying.
The Council has been meeting almost daily for the last few days, but hasn’t been able to come up with a decision on the nomination of judges. It would be important for Karki to get a decision passed before Friday, a day she is set to lose an ally in the Council.
Council member and Justice Upadhyaya, who has been CJ Karki’s close ally, is to retire on Friday, and will be replaced by the second senior-most justice Gopal Prasad Parajuly, who has his own reasons to dislike CJ Karki following a dispute over his age. Parajuly is certain to not cooperate with CJ Karki.
