Deepak Raj Joshi, who was rejected for the post of chief justice by the special committee for parliamentary hearing, on Thursday has been assigned cases for the first time since his return to the Supreme Court (SC) as a justice on Tuesday.
Joshi, who welcomed newly appointed Chief Justice Om Prakash Mishra to the Apex Court as the senior most justice when the latter reached the SC to assume office on Monday, had reported for duty on Tuesday but he was not assigned cases.
A single bench of Joshi has been assigned three cases in the cause list for Thursday prepared by Chief Justice Mishra.
Joshi was rejected by the special committee for parliamentary hearing on August 3. He was on a leave since August 5 and Mishra had 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. He was later recommended for chief justice by the Constitutional Council.
But he was rejected on the basis of two-third majority after Nepali Congress lawmakers boycotted the meeting of special committee for parliamentary hearing citing the dispute about his educational certificates. "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 had told reporters announcing Joshi’s rejection.
Joshi had challenged to investigate his educational certificates.
Joshi is now the senior most justice after appointment of Mishra as chief justice. The senior most justice serves as a member of the Judicial Council, that recommends justices and investigates complaints against them, and the constitutional bench.
Mishra will retire on January 1, 2019 and Joshi, who will still be serving then, may even be recommended for the post of chief justice once again after that.
A senior Communist Party of Nepal (CPN) leader has told Setopati that the party will ensure that Mishra's successor will be recommended by the Judicial Council and parliamentary hearing completed well before Mishra's term expires to ensure that Joshi will not be in contention for another recommendation.
