Writ filed challenging CJ’s intent to accept the PM post
KATHMANDU: The major political parties are yet to finalize the modalities of the Chief Justice Khil Raj Regmi led election government many cases have been filed at the Supreme Court regarding the issue.
As two cases are under the review of Supreme Court regarding whether the CJ should led the election government or not a contempt of court case was filed at the Apex Court against CJ Regmi. Advocate Sunil Ranjan Singh filed a petition at the Supreme Court claiming that the head of the judiciary violated the code of conduct by issuing a statement indicating his positive position on a proposal asking him to head an election government at a time when a petition challenging that very proposal remains sub-judice in the SC.
The application is under consideration as the apex court administration has neither accepted nor refused to register it. The petitioner claimed that CJ’s statement is also against the principle of separation of powers and the independent judiciary as it indicates Regmi’s willingness to assume the office of the executive.
Citing provisions in the Code of Conduct for Justices 2065, the application states that a justice will remain free of influence from members of the executive and legislative and also needs to appear as being free from such relations in the eyes of an observer.
CJ Regmi made his intentions public on Monday through a statement issued by the Supreme Court on his behalf. The statement said that even though the head of the judiciary does not hold any personal ambition to preside over the Cabinet, he remains positive on providing an outlet to the current political and constitutional impasse as this pertains to the ‘broader national interest’.
Responding to a petition filed by Bharat Jungum, the SC on Sunday asked the defendants to furnish a written reply by March 5. Citing constitutional issues pertaining to the petition, the court also ordered that the petition be placed before a special bench on March 7.
Published Date: Wednesday, February 27th, 2013 | 11:06 PM