After facing severe criticism from different quarters for returning the names of justice nominees, Speaker Onsari Gharti on Monday said she was ready to take the parliamentary hearing process ahead if the names were recommended again.

Defending her move, she claimed that there was no any political motive behind her correspondence back to the Judicial Council. Organising a news conference, the Speaker said she was well aware of her jurisdiction and had not breached any legal provision by sending back the names as there was no Parliamentary Hearing Committee in place.

Citing the case of Prime Minister KP Sharma Oli also turning down the JC’s recommendation of Ram Prasad Sitaula as its member, she claimed that her move had faced unfair criticism.

Speaker Gharti on March 4 sent back the recommendations to the JC arguing that Parliament cannot conduct the hearing in the absence of the regulations that have not been formulated in line with the new constitution.

The Council, on March 2, had made 11 Supreme Court justice nominations from among chief judges of Appellate Courts and lawyers. The posts had been lying vacant for long.

Her move was criticised by political leaders and Chief Justice Kalyan Shrestha. Some read the Speaker’s action as her expression of rage that the names did not include anyone favoured by her former party, UCPN (Maoist).

The Maoists were said to be lobbying for Purushottam Bhandari, an appellate court chief judge, and lawyer Tulasi Bhatta. However, Speaker rubbished the charge saying, “There is no political motive behind returning the names. The names were just returned, not scrapped.”

Before the press meet, the Speaker had met Chief Justice Shrestha and Minister for Law and Justice Agni Kharel, asking them to recommend the names again. She reportedly assured them of steps in forming the hearing committee soon.

“I have asked the Regulation Drafting Committee to finalise the regulations soon,” Gharti added. “I have also asked leaders from all the parties to resolve the row over the regulations immediately.”

The Drafting Committee, led by Nepali Congress lawmaker Radheshyam Adhikari, has not been able to finalise the regulations though its deadline has been extended four times in six months.

The dispute over the size of the hearing committee has emerged as a hurdle.

The opposition, including the Nepali Congress and the fringe parties, wants continuation of the 73-member hearing committee, while the CPN-UML-led ruling alliance favours a 15-member panel as provisioned by the new constitution.

Cross-party leaders have said the rules will be finalised within a week through a vote if there is no political consensus. The new session of Parliament is likely to be summoned in the last week of March, after Prime Minister KP Sharma Oli returns from his China visit, to endorse the regulations and the hearing committee.

Supreme Court upholds JC nomination

KATHMANDU: The Supreme Court has recognised the Judicial Council’s (JC) decision to recommend the 11 justice candidates. A single bench of Justice Jagdish Sharma Poudel ruled that there was no legal or constitutional ground for the Speaker to send back the names to the JC, the body responsible for selecting judges. “The recommendation appears valid as the Judicial Council is active as per Article 153 of the constitution and the names were picked by a three-member committee as per Section 13 (5) of the Judicial Council Act-2045,” reads the decision. The apex court also ordered parliamentary hearing from the nominees. (PR)