As Speaker Onsari Gharti’s decision to send back recommendations to the Judicial Council for justice appointments to the Supreme Court has courted controversy, two conflicting writs were filed at the apex court on Sunday in a way to further complicate the process.

One was filed by Advocate Jyoti Baniya against Gharti’s move, demanding immediate parliamentary hearing for the nominees while the other writ supported the Speaker’s decision. Petitioner Bijaya Singh Sinjapati argues that the hearing process should not be conducted right now as the recommendations came from an incomplete Judicial Council (JC) at a time when the parliamentary hearing special committee has not been formed.

The second petition was taken after two days following the acceptance of Baniya’s petition that terms Gharti’s decision “unconstitutional”. The court administration, however, has yet to register the writs. “The court will decide later whether to fix dates for hearing them,” said SC Spokesperson Nahakul Subedi.

The political and judicial circles are sharply divided after Gharti sent back the names to the JC, the body responsible for selecting justices. The Speaker has argued that their hearing cannot take place without the council getting its complete shape and the House committee formed.

The hearing committee formation has been delayed as the major parties are divided over its size. The new constitution envisages a 15-member committee, comprising members from both the House of Representatives and the National Assembly while the Interim Constitution provisioned a 73-member panel.

The opposition says that the committee, in its present strength, cannot represent all the 31 parties in Parliament and two independent lawmakers. The opposition parties, including the Nepali Congress, want continuation of the 73-member hearing committee while the CPN-UML-led ruling alliance is in favour of reducing its size.

The government seems defiant in changing the justice nominees or delaying their appointment process. “The recommendations cannot be changed. The Judicial Council can resend the recommendations by incorporating the candidate for the new judiciary chief as the incumbent chief justice will retire soon,” said JC member and Law Minister Agni Kharel.

Incumbent Chief Justice Kalyan Shrestha retires on April 13. Traditionally the CJs go on a leave a month before retirement. Kharel said the Council would take a decision on Sunday.

Last week, the JC had recommended 11 names for the Supreme Court posts. The list included Deepak Kumar Karki, Kedar Prasad Chalise, Sharada Prasad Ghimire, Mira Khadka, Hari Krishna Karki, Bishwabar Prasad Shrestha, Ishwor Prasad Khatiwada, Ananda Mohan Bhattarai, Anil Sinha, Prakash Man Singh Raut and Sapana Pradhan Malla.

The UML and the NC are in favour of hearing the nominees. “The Speaker should not interfere like this. She should conduct hearing without sending the recommendations back,” said newly elected NC President Sher Bahadur Deuba. If the names are to be sent back, it is the committee that will do so, he added. “The Speakers’ position is respected and a neutral one. Such acts don’t suit her.”

The apex court has a backlog of more than 22,000 cases. Only 10 justices are in service at the SC.