HIMALAYAN NEWS SERVICE
KATHMANDU: A Public Interest Litigation (PIL) was filed at the Supreme Court today seeking its intervention to find a suitable way to appoint apex court judges without parliamentary hearing as required by the Interim Constitution in the absence of parliament.
Stating that there was no possibility of parliamentary hearing for appointment of judges due to the dissolution of the CA which doubled as legislature parliament, as per Article 155 of the Interim Constitution, advocate Rajesh Silwal sought an apex court order either to promulgate suitable legislation or ordinance for appointment of judges or an interim directive from the Supreme Court.
According to Article 155, prior to appointment of any person to constitutional positions on the recommendation of the Constitutional Council, judges of the Supreme Court and ambassadors, the persons so appointed shall face parliamentary hearing as provided in the law.
The petitioner blamed the government and the parliament for not promulgating the Act as required by the constitutional provision to facilitate parliamentary hearing and said the Constitution did not envision hearing in the absence of parliament.
The Office of the Prime Minister and Council of Ministers, the Ministry of Law, Justice and Parliamentary Affairs, the Secretariat of the Parliament and the Judicial Council have to appoint the judges, the petitioner argued.
There are only eight permanent judges from among 15 and there are seven ad hoc judges in the SC, but all the ad hoc judges and one permanent judge will be retiring soon. The petitioner said chaos would prevail in justice dispensation if the vacant positions are not filled as retirement of judges will create an environment where the people’s right to justice will be in jeopardy.
Stating that the apex court can issue suitable order as per internationally accepted principles of justice on the basis of the SC’s residual power, the advocate urged the court either to direct the government to issue ordinance or to issue an interim directive to resolve the crisis.