Reinstate Chief Justice, Nepal SC tells government

The clash between Nepal's judiciary and legislature took a new turn on Friday as the Supreme Court issued an interim order directing the Parliament to put on hold the impeachment motion against Chief Justice Sushila Karki and allow her to return to work right away.

Political parties however termed the court ruling an attack on the authority of parliament and the executive.

Responding to a writ petition against the move, the bench of Justice Cholendra Shumsher JBR issued the order stating that the impeachment motion was against the spirit of Nepal's Constitution.

The bench termed as baseless the accusations made in the motion against Karki, the first woman to hold the top legal post, that her verdict in the case pertaining to promotion of Nepal Police's Inspector General was against the standard legal practice.

 

"Though it appears, other charges have been levelled against Karki based on the promotion of Nepal Police Inspector General, it is clear that the impeachment motion is void," said the court verdict.

The petition has claimed that the impeachment move contravenes the Constitution's Article 105, which says: "No discussion shall be held in either House of the Federal Parliament on any matters that may cause adverse effect on the dispensation of justice on any cases which are sub judice in any courts of Nepal and on any judicial acts done by judges in the course of performance of their duties."

Karki was automatically suspended from her post after over 249 lawmakers from the ruling Nepali Congress and CPN-Maoist Centre registered an impeachment motion against her on April 30, following her staying the appointment of the new police chief.

The filing of the motion also led to Deputy Prime Minister Bimalendra Nidhi, who holds the Home portfolio, resigning to protest the fact that he was not consulted while registering the impeachment motion as appointing the police chief comes under the jurisdiction of his ministry.

However, after a patch up with Prime Minister Pushpa Kumar Dahal 'Prachanda' has agreed to return in job from Sunday.

However, the Nepal government, particularly the two ruling parties, came under huge national and external pressure after the impeachment motion was lodged in Parliament including from the UN Human Rights Council, Geneva.

--IANS

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