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SC directs not to implement Parliament Secretariat’s letter offering acquittal to CJ Rana


09 December 2022  

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KATHMANDU: The Supreme Court has given an interim order not to immediately implement the letter given by the Secretary General of the Federal Parliament Secretariat, Dr. Bharatraj Gautam, stating that the impeachment proposal of the suspended Chief Justice Cholendra Shumsher Rana would be ineffective.

The Constitutional Bench formed under Acting Chief Justice Harikrishna Karki, and comprising Justices Bishwambhar Prasad Shrestha, Ishwar Prasad Khatiwada, Dr. Anand Mohan Bhattarai and Anil Kumar Sinha gave an interim order on Friday after the preliminary hearing on the writ petition against the said letter.

“As the letter given by the Secretary of the Federal Parliament Secretariat seems exercising the jurisdiction granted to the parliament, it is worth considering to discuss whether the Constitution and the prevalent practices grant such rights or not; hence, the issue needs further hearing and should not be implemented unless the legal and constitutional concerns raised by the writ petitioners are addressed,” the order said.

The SC order said that the letter signed by the Secretary General of the Federal Parliament Secretariat should not be executed until the court hears the writ petition.

Supreme Bar President Purnaman Shakya, Vice President Mukunda Prasad Paudel, Secretary Rishiram Ghimire, Treasurer Vinod Kumar Karki and members Bikas Bhattarai, Anantaraj Luintel, Deepnarayan Sah, Amita Gautam and Ramhari Tripathi filed a writ petition on Wednesday demanding the cancellation of the said letter.

With the Bench’s order, suspended Chief Justice Rana’s attempt to resume his responsibility on account of the Chief Justice prior to retirement have become unsuccessful again.

Publish Date : 09 December 2022 18:42 PM

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