A joint bench of justices Om Prakash Mishra and Kedar Chalise will conduct the hearing of contempt of court case against Dr Govinda KC on Tuesday.
The Supreme Court (SC) has set the joint bench to record statement of Dr KC and then conduct the hearing.
92-year-old senior advocate Krishna Prasad Bhandari, who is considered the living legend in the Nepali legal sector, will plead on Dr KC's behalf.
Bhandari had been elected member of the then Rastriya Panchayat in 1971 on graduate constituency, the then practicing of electing Rastriya Panchayat members from among the graduates. He has never taken any other post of benefits.
He has been vocal about the corruption inside the judiciary and cleansing of the court for a long time. Nepal Bar Association (NBA) had prepared a study report on corruption inside the judiciary and cleansing of the court when Shambhu Prasad Gyawali was NBA president. "The bar has raised the issue just now. My shoulders can now take rest," Bhandari had said after that.
Om Prakash Aryal, Baburam Giri, Dinesh Tripathi, Surendra Bhandari and others will also plead on behalf of Dr KC.
Former attorney general Raman Shrestha, Upendra Keshari Neupane, Shyam Kharel, Laxman Thapaliya and Deepak Bista will argue against Dr KC.
Dr KC was taken to the SC on an ambulance from Singha Durbar Police Circle Tuesday morning.
Dr KC, who started his 14th fast-unto-death for dismissal of Chief Justice Gopal Parajuli on Monday, was arrested by the police Monday evening after the SC ordered his arrest for contempt of court.
A team led by Superintendent of Police (SP) Ram Dutta Joshi arrested him from the Tribhuvan University Teaching Hospital (TUTH) where he was fasting.
A single bench of Dambar Bahadur Shahi, hearing a contempt of court case against Dr KC that was presented to the bench by the SC itself after processing a memo (tippani) on Monday, ordered the police to arrest Dr KC and produce him before the court at nine Tuesday morning stating that through his press statement against the court's verdict, he made indecent, slanderous and contemptible remarks against the judicial system of Nepal, judiciary and justices in a way that the general public can be misled.
The Administration of Justice Act mentions the action against contempt of court. Clause 17(1) of the Act states that the SC can take action for contempt of court if someone obstructs delivery of justice by the SC or the courts under it, or defies the court's verdict. Dr KC can be jailed and fined if he is found guilty of contempt of court as per clause 17(4) of the Act.
Dr KC can apologize to the court after arrest. The SC can put action against him on hold if it is satisfied with the apology. Dr KC can apologize even after the court finds him guilty. The SC can order to not implement the jail sentence and fine against him if it is satisfied with the apology.
Dr KC earlier on Monday had started the fast against the SC's order to reinstate Prof Dr Shashi Sharma as dean of Institute of Medicine under the Tribhuvan University (TU).
The senior orthopedic surgeon at Tribhuvan University Teaching Hospital (TUTH) had started the hunger strike after organizing a press conference.
The joint bench of Chief Justice Gopal Parajuli and Justice Dipak Kumar Karki, after conducting the final hearing of the writ petition filed by Dr Sharma four years ago demanding his reinstatement, on Sunday had ordered his reinstatement for four days if he so wishes.
"I am staging the hunger strike against the chief justice," Dr KC said in the press conference.
"Now our judiciary does not give justice, rather it sells it. It is now under the command of the group that punishes honest, and helps protect the corrupt and criminals. There is no alternative to fighting with the root of the problem in such situation created to cover up the judicial crime and to fulfill personal interests at a time when laws and rules should be followed. So there's no alternative to fighting against corrupt and Mafia-guided only to save the judicial dignity," Dr KC further said.
