KATHMANDU: The Supreme Court (SC) has dismissed a writ petition that sought reversal of the Judicial Council’s nomination of Justice Nahakul Subedi to the post of SC justice, on Monday.
Senior Advocate Surendra Bhandari filed a writ petition at the SC, claiming Surkhet High Court Chief Justice Subedi failed to meet adequate credentials to be appointed as SC justice.
Hearing on Bhandari’s writ, a single bench of Justice Tej Prasad KC today ordered to dismiss the writ.
The Judicial Council had recommended Subedi and Kumar Chudal for the post of SC justices on March 12.
Judicial sector had expressed reservations regarding the recommendation of Subedi. The Supreme Court Bar Association also protested against Subedi’s nomination by holding a press conference on April 9.
SC Bar had pointed out that Subedi was made registrar and chief registrar within a short period of time against the spirit of the constitution, and hence, did not meet the eligibility criteria prescribed in Article 129 (5) of the constitution.
Article 129 (5) of the constitution says that any citizen of Nepal, who has obtained a bachelor’s degree in law and served as chief judge or a judge of a High Court for at least five years, or who has obtained a bachelor’s degree in law and has constantly practiced law as a senior advocate or advocate for at least 15 years, or who is a distinguished jurist having constantly worked for at least 15 years in the judicial or legal field, or who has served in the post of gazette first class or a higher post of the judicial service for at least 12 years, shall be deemed eligible for appointment as a justice of the Supreme Court.
The Parliamentary Hearing Special Committee received five complaints against Subedi and Chudal.
The hearing committee is scheduled to conduct a hearing on the recommendation of justices Chudal and Subedi for SC justices on April 16.
With the SC court’s rejection to further the writ, relating to Subedi’s nomination, the hearing committee is most likely to approve the recommendation.
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