The Constitutional Council is meeting Monday to recommend the next Chief Justice (CJ). The Judicial Council has recommended Justice Deepak Raj Joshi, who was rejected for CJ by the special committee for parliamentary hearing four months to the day, and Justice Cholendra Shumsher Rana for the post.
Current CJ Om Prakash Mishra is retiring on December 31. The successor has to be recommended a month before the incumbent retires, according to the constitution.
The Constitutional Council chaired by prime minister includes CJ, leader of the main opposition party, speaker and deputy speaker of the House of Representatives, and chairman of the National Assembly.
Secretary at the Judicial Council Nripa Dhwaj Niraula told Setopati that updated records of two justices, who qualify for the post of CJ, have been sent to the Constitutional Council.
Only those who have served as a Supreme Court (SC) justice for at least three years are eligible to become CJ, according to the constitution. Joshi and Rana are the only justices who have served the SC for three years.
Joshi was rejected by the special committee for parliamentary hearing on August 3 on the basis of two-third majority. CPN had expected Joshi to resign after being rejected by its lawmakers but Joshi stayed on leave since August 5.
He 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 September 10. He reported for duty the next day but was not given any case. He was assigned cases for the first time since his return on September 13 and has been conducting hearings ever since.
The party with almost two-third majority in the parliament took return of Joshi as defiance of its power and mulled impeaching him. But the party did not go ahead with the talks of impeachment, which many took as a ploy to put pressure on Joshi to resign, after Joshi did not resign.
