Speaking during zero hour on Tuesday, lawmakers said the nomination of “tainted” judges has dragged the JC into a controversy since the move dents the independence of judiciary. “Controversial judges cannot deliver fair justice,” said CPN-UML lawmaker Ranju Jha.

Birendra Mahato of the Madhesi Janadhikar Forum-Nepal called for Parliament to discuss the role of Chief Justice Damodar Sharma as he “failed” to nominate judges while the apex court lost a number of justices.

Nepali Congress lawmaker Ramhari Khatiwada said picking judges with tainted image compromises on judicial independence. Sanghiya Samajbadi Party lawmaker Radha Timilasina said “nominations of judges with bad reputation have eaten into the prestige of the JC itself”.

Such remarks from lawmakers come a day after the Nepal Bar Association urged the Parliamentary Hearing Special Committee to hold JC members accountable. The umbrella organisation of lawyers has called on the Parliamentary Committee to study related media reports besides the background of the nominees but those who selected them.

CPN-UML, the second largest ruling party, has informally decided to bar judges with “controversial image” from appointment.

The JC decision of April 23 courted controversy due to the nomination of judges like Cholendra Shumsher Rana, against whom the Supreme Court in 2012 sought action for giving a clean chit from the Special Court to then-Nepali Congress leader Jaya Prakash Prasad Gupta on corruption charges in 2007.

The Council, following an inquiry into the judicial notice against Rana, had cleared him of charges reasoning that the notice was not part of the main text of verdict.

No comments: Sharma

ABDHESH KUMAR JHA

Chief Justice Damodar Prasad Sharma has said he cannot speak on the recommendations as the case is under consideration of the Parliamentary Hearing Special Committee.

“I won’t speak on the matter as it is sub judice in the PHSC,” Sharma said while inaugurating a newly constructed building for Appellate Court, Biratnagar on Tuesday.

He said that apart from protecting their rights, it is the responsibility of the apex court and the JC to appoint justices and take action against them.

Sharma said he was committed to rule of law, adding that the court should be free of controversy and that justices should have favourable environment to work. JC member Khem Narayan Dhungana said conspiracies were being hatched to defame the judiciary by dragging the JC into a controversy.