The Constitutional Council on Thursday has recommended Justice Om Prakash Mishra for the post of chief justice.
Law Minister Bhanubhakta Dhakal confirmed that the Constitutional Council headed by the prime minister has recommended Mishra for the post that has remained vacant for the over five months.
The Judicial Council had sent the names and records of Dipak Raj Joshi, Mishra and Cholendra Shumsher to the Constitutional Council five months ago as per the provision that requires the nominee for CJ to have experience of at least three years with the Supreme Court (SC).
Joshi, who was earlier recommended for the post, was rejected by the special committee for parliamentary hearing. Mishra and Rana were the only eligible justices remaining after rejection of Joshi. The Constitutional Council has recommended Mishra out of the duo on the basis of seniority.
Mishra became SC justice six years ago. Mishra, who had a good image during his term at the district courts and Special Court, has seen his image tarnished due to the orders given on Ncell tax evasion case and habeas corpus petition filed by Chuda Mani Sharma while at the SC.
Mishra will retire in coming January. He would have retired from the post of justice had Joshi not been rejected.
The special committee for parliamentary hearing on August 3 rejected Joshi. He has been on a leave since August 5 and Mishra has been constituting benches as the senior-most justice after that.
Joshi had become acting chief justice after Gopal Parajuli was relieved of duties by the Secretary of Judicial Council Nripa Dhwaj Niraula on March 14.
