The special committee for parliamentary hearing on Friday has rejected Deepak Raj Joshi for the post of chief justice.
The committee took the decision on the basis of two-third majority to reject the recommendation of Joshi to the post of CJ after Nepali Congress lawmakers boycotted the meeting. This is the first instance of rejection of the candidate recommended for the post of chief justice in the judicial history of Nepal
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.
"He could not present solid action plan and road map for the judicial sector during the hearing. He also could not provide satisfactory answer to the questions raised about his behavior and integrity," Communist Party of Nepal (CPN) lawmaker Yogesh Bhattarai told reporters after the meeting on Friday.
Bhattarai also gave controversy about Joshi's education certificates and date of birth as the reasons for his rejection. "He could not provide sufficient evidence and satisfactory response on that. Former chief justices have also expressed reservations about his performance."
Approval of Joshi was stalled due to the dispute about his educational certificates. It was put on hold despite the four-hour-long parliamentary hearing ending last Thursday. The committee going against the practice of taking decision on the day of parliamentary hearing had called a meeting for last 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 called for Wednesday. Wednesday’s meeting was postponed to Friday after NC lawmakers insisted on taking decision after holding internal discussion.
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.
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.
