The special committee for parliamentary hearing will provide reasons for rejecting recommendation of Deepak Raj Joshi for the post of chief justice.
Communist Party of Nepal lawmaker Yogesh Bhattarai has been delegated the task of collecting the necessary evidence to reject Joshi, according to a CPN leader. "He has also been asked to take legal advice on what to do and how to draft the decision for Joshi's rejection," the leader told Setopati.
CPN is preparing to mention Joshi's educational certificate as the main reason for his rejection. The party earlier was preparing to cite Joshi's 'unsatisfactory presentation' during the hearing as the main reason. It has started to gather evidence against Joshi following advice that mentioning just hearing and his presentation as the reasons for his rejection will set a bad precedent.
The committee has found that Joshi had failed in English and elementary Nepali when he gave SLC examinations in 2027 BS (1970 AD) from Bijay Memorial School with 2958 'B' as symbol number.
"His sent-up test certificate does not even have signature of principal, and includes text above the stamp. There is also a difference of one month in the date of birth mentioned during his admission at Bijay Memorial and recent certificates," a committee member told Setopati.
Joshi had published the certificate of SLC equivalent degree he acquired from Rastriya Vidyapeeth of Birgunj after the controversy about his certificates. His character certificate also does not mention the symbol number.
The progress report issued by the Tribhuvan University when he studied law mentions that he passed SLC from Bijay Memorial in 2029 with 3667 as symbol number. But one Hem Raj Lekali had that symbol number for SLC examinations in 2029. The committee is also preparing to raise questions on the SLC certificate and character certificate he has submitted.
"We can reject him solely on the basis of answers he gave during the hearing," a CPN lawmaker in the committee told Setopati. "But we have consulted lawyers and even constitutional experts to ensure that a bad precedent is not set."
Members in the committee have been expressing dissatisfaction over Joshi's presentation. He had rejected charges of corruption in delivery of justice and nexus with brokers during the hearing. He had also refused to answer questions about the interim orders he issued in the cases related to registration of public land in the name of individuals stating that the cases are still sub judice.
Lawmaker Laxman Lal Karna who is temporarily chairing the committee on the basis of seniority confirmed that the committee will decide whether to endorse or reject Joshi today.
A Nepali Congress (NC) lawmaker in the committee said the party has yet to decide whether to vote in favor of or against Joshi. Sources in the party claim NC is preparing to propose formation of a sub-committee to probe Joshi.
CPN lawmakers, however, claim that Joshi will be rejected today itself. "All the skeletons in the closet will come out if we carry out an investigation. There are complaints against Joshi ranging from his verdicts to payment of the wedding receptions of his children," a CPN lawmaker stated. "The decision will be taken today itself. We hope NC will not opt for such a counter-productive option."
Parliament sources claim the Parliament Secretariat is preparing for voting on the issue of Joshi's endorsement. "There was voting in the parliamentary committee on recommendation of justices on May 26, 2014 before this. We have been studying about the procedure adopted for voting then," a staffer at the Parliament Secretariat told Setopati.
The then CPN-UML and CPN (Maoist Center) had voted against Joshi and Cholendra Shumsher Rana after the hearing on recommendation for their induction in the Supreme Court. A total of 25 votes were cast against Joshi and 24 against Rana in the 72-strong committee.
The parliamentary committee had also consulted the then member of Judicial Council Ram Kumar Sah on the issue of endorsement of the justice duo. The parliamentary committee is also studying old files.
A simple majority can endorse recommended candidate while two-third majority is required to reject the candidate after parliamentary hearing. The ruling coalition including the Federal Socialist Forum Nepal has two-third majority in the special committee.
Approval of Joshi has been put on hold despite the four-hour-long parliamentary hearing ending on Thursday. The committee going against the practice of taking decision on the day of parliamentary hearing had called a meeting on Friday to decide on his endorsement. But the meeting did not take place and it was postponed for Sunday. It was again postponed for Monday. The meeting on Monday also could not take decision and the meeting was again convened for Wednesday.
