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Justices avoid benches again after chief justice assigns bank fraud cases
Congress leader Ram Chandra Paudel says Rana should go.Tika R Pradhan
The protesting justices of the Supreme Court, who had resumed hearing habeas corpus petitions Monday, again boycotted the benches on Tuesday saying Chief Justice Cholendra Shumsher Rana assigned them other cases also besides habeas corpus petitions. Earlier this week, the justices, following a public outcry, had decided to hear habeas corpus petitions only.
The justices are in a protest since last week demanding resignation of the chief justice accusing him of irregularities.
On Sunday, Chief Justice Cholendra Shumsher Rana had sent a message to the justices through justice Manoj Kumar Sharma that he was ready for a ‘graceful exit’.
On the same day, the justices had formed a three-member talk team comprising Anil Kumar Sinha, Sapana Pradhan Malla and Manoj Kumar Sharma to know Chief Justice Rana’s intention and the modality of his exit plan.
On Monday, 16 justices present at the court had joined the hearing of habeas corpus after Chief Justice Rana had duly followed their demands. There are 20 justices in the Supreme Court including the chief justice and three justices are currently on leave.
“We had clearly told the chief justice that the justices would be forced to avoid hearing if he refused to abide by our proposals but two of the justices were allocated cases related to banking fraud. Therefore, we decided to boycott the benches today,” said one of the justices of the Supreme Court. “It’s all because of the chief justice.”
The chief justice had allocated six benches for 10 justices—four division benches of Dipak Kumar Karki and Prakash Man Singh Raut; Mira Khadka and Hari Krishna Karki; Bam Kumar Shrestha and Kumar Chudal; Tej Bahadur KC and Kumar Regmi besides two single benches of Prakash Kumar Dhungana and Sushmalata Mathema.
However, his move to allocate four cases related to banking fraud besides one habeas corpus petition to Mira Khadka and Hari Krishna Karki’s bench has irked the protesting justices leading to a stalemate wherein the justices have decided to even avoid habeas corpus hearing.
On Monday Chief Justice Rana had presented his ‘graceful exit’ plan to three representatives of the justices—Sinha, Pradhan Malla and Sharma. The three justices have briefed the proposal to the justices during a meeting today.
According to the justices, Chief Justice Rana had proposed the justices discuss ways for his exit in line with the constitution. As per the constitution, there are only two ways for the exit of a chief justice— impeachment or crossing the age limit of 65 years.
Though the political parties have so far remained mere spectators, some leaders have started to speak out.
“The Chief Justice recently said he would exit but he should be given the opportunity for a graceful exit. I have said earlier that the sooner he leaves the better,” said Ram Chandra Paudel, senior leader of the Nepali Congress, while addressing the party's function at Hetauda. “More delays will lead to disgrace.”
But the concrete voice of the ruling coalition of five parties would only come after Prime Minister Sher Bahadur Deuba, who is also the president of Nepali Congress, returns home from Glasgow, Scotland.