It has been revealed that the major ruling party, the CPN-Maoist has been trying to appoint its supporters to more than three dozen posts of judges, which currently remain vacant at the Supreme Court (SC) and the five Appellate Courts across the country.
According to sources, Maoist leader and Minister for Law, Justice and Constituent Assembly, Dev Gurung, who is also a member of the Judicial Council- the constitutional body to see over appointment, transfer and promotion of judges- tried to appoint lawyers and legal supporting the Maoists to the vacant positions. Minister Gurung's attempt was strongly opposed in the Judicial Council (JC), which is chaired by the Chief Justice of the SC.
Sources further said that Minister Gurung tabled a separate list of senior lawyers and legal experts to be appointed to the vacant posts at the Council’s meeting. The minister's list had only a few names of the currently serving judges.
The dispute over the appointments has finally come tumbling out, after several meetings of the Council were obstructed recently. "After the dispute among the members flared up, the Council hasn't met," a source said, "The Council met thrice over the past two months but the appointments could not be made."
Currently, the posts of two permanent and at least seven temporary judges remain vacant at the Apex Court. Similarly, the posts of nine Chief Judges and 19 judges are vacant at the Appellate Courts across the country. Also, eight justices are yet to be appointed to the Commercial Benches to be set up in four development regions.
The process of justice delivery has been adversely affected as over three dozen posts of judges continue to remain vacant for the past few months. A Supreme Court source disclosed that currently an SC judge has to participate in at least four benches everyday due to increasing number of cases.
The other members of the JC, which is chaired by the SC Chief Justice, include the second most-senior SC Justice, a legal expert nominated by the Prime Minister and a representative recommended by Nepal Bar Association, besides the incumbent Law Minister.
Sources also disclosed that Chief Justice Kedar Prasad Giri and other senior Justices of the Apex Court had expressed dissatisfaction over Minister Gurung's attempt to "intervene at the top level of the judiciary." Chief Justice Giri, and JC members Min Bahadur Raymajhi, Motikaji Sthapit and Basudev Dhungana had clearly opined that any attempt to meddle with and politicise the country's judiciary should be effectively checked.
The transfer of 132 district judges carried out a couple of months back, too, had also drawn controversy, with analysts saying that they could clearly see "signs of politicisation in the transfers."
There is a provision of appointing legal experts, who have studied law, practiced or done research in the legal sector for 15 years, as judges at the SC. For Appellate Courts, however, the “experience†criteria have been set as ten years.
"The government is planning to just use this provision to appoint new judges, this will bring forth dissatisfaction inside the judiciary and outside also," said the source.
JC Member Sthapit had remained firm over meeting all set standards for the appointments to preserve the judicial independence. After the SC too supported Sthapit, the Law Minister stopped attending the Council’s meetings.
What is more, Minister Gurung's claim that Sthapit, who was appointed during the erstwhile Girija Prasad Koirala government, cannot continue in his post, has only further flared up the dispute.
Senior advocate Sthapit, on the other hand, is reluctant to quit. Citing the mention of four-year tenure provision in the Interim Constitution, he has been refusing to resign despite the government change.
"Not to let interference happen in the courts, everything including the appointments should meet the constitutional and legal standards," said he. He informed that he has explained his stand to the Law Minister also.
However, Minister Gurung claimed he did not politicise the appointments in the judiciary. He accepted that the JC could not meet for a long time. "Now, the meeting will be held after the SC calls it, and there will be no further delay in the appointments."
Since the meeting could not be held for three times, CJ Giri, Justice Rayamajhi and Advocate Dhungana have been trying to end the dispute, the source claimed.
"The SC has requested that there should not be delay in the transfer and appointment of judges as it has affected the process of delivering justice," said a JC member.
