SC shoots another letter to PMO over Karki’s appointmentThe Supreme Court on Wednesday sent a letter to Prime Minister’s Office, seeking minutes of the Constitutional Council meeting that recommended Lokman Singh Karki as chief commissioner of the Commission for Investigation of Abuse of Authority.
The Supreme Court on Wednesday sent a letter to Prime Minister’s Office, seeking minutes of the Constitutional Council meeting that recommended Lokman Singh Karki as chief commissioner of the Commission for Investigation of Abuse of Authority.
Opening the case of Karki’s appointment, a joint bench of Chief Justice Sushila Karki, Justices Sapana Pradhan Malla and Bishwambhar Prasad Shrestha on Friday had ordered the PMO furnish records of appointment process within seven days.
“We have amended the earlier letter and sent a new one on Wednesday to the PMO,” said Supreme Court Spokesperson Bishow Raj Poudyal, claiming the letter has already been registered at the PMO.
Acting Chief Secretary Tanka Mani Shamra, however, told the Post that they have not received any letter from the Supreme Court until Wednesday. “Once we receive it, we will reply to the court,” he said.
Officials at the PMO said the minute of Karki’s recommendation to the post of CIAA chief is very much secured in the PMO’s archives. The tussle between the two constitutional bodies has drawn widespread attention.
On Friday, the full bench of SC granted permission for a revision of its earlier verdict considering two major premises regarding Karki’s appointment: his tenure in government service and constitutional provision about his moral character to head the constitutional body.
Karki was appointed under-secretary at then palace secretariat in 1984 through royal edict.
After the reinstatement of democracy in 1990, Karki joined civil service. If Karki’s earlier six-year of service is excluded, his tenure as a civil servant does not meet the required qualification to hold the position. There is a constitutional provision that one should have at least 20 years of experience in the field of accounting, revenue, engineering, law, development or research and s/he should be a distinguished person to qualify for the post.
On September 24, 2014, a division bench of Justices Gopal Parajuli and Om Prakash Mishra had quashed Advocate Om Prakash Aryal’s petition which claimed that Karki’s appointment as unconstitutional.
Aryal again registered an appeal at the SC on November 24 last year, seeking a review. In response, a bench of Justices Dipak Kumar Karki, Biswambhar Shrestha and Ishwar Prasad Khatiwada on Friday asked the PMO and the Ministry of General Administration to present the original Cabinet minute of Karki’s appointment.
The government told the court that the file was misplaced while the documents were being shifted from the earthquake-ravaged building to the current location. The apex court has also warned of action against the government if it fails to furnish the documents within seven days.