Newly appointed Chief Justice (CJ) Cholendra Shumsher Rana has announced that he will not assign cases to the senior most Justice Deepak Raj Joshi.
Rana announced he will not assign cases to Joshi to respect the decision of parliamentary hearing committee and give a way out to the court immediately after assuming office on Wednesday. "The decision to not assign cases is a tough one. But we must take tough decisions if that is good for the constitution and independent judiciary. We must also be ready to make way if that benefits the judiciary," Rana said.
"I have expressed commitment to respect the decision of parliamentary hearing committee even during my hearing. I urge my friend Deepak Raj Joshi to respect the decision of parliamentary hearing committee. I will not assign cases to him from now onward."
Joshi was not present when Rana made the announcement and no case has been assigned to him on Wednesday.
Rana had hinted that he will not assign cases to Joshi during the hearing on Tuesday.
Responding to the question of CPN lawmaker Yogesh Bhattarai about what he will do about Joshi hearing cases even after being rejected by the parliamentary hearing committee if he gets endorsed for CJ, Rana clearly hinted on Tuesday that he will not assign cases to Joshi.
"I as a justice and proposed CJ believe that the decision of this august committee that exercises the sovereign rights of the people should be respected and obeyed by everyone," Rana stated. "I assure you all that I will not allow any blot in the honor of this committee as a CJ if I am endorsed. I express commitment."
A CPN source had told Setopati that the party agreed to endorse Rana on the condition that he will not assign cases to Joshi and make the latter resign if possible. Rana had pledged to speak about Joshi during Tuesday's hearing and will not assign cases to Joshi after becoming the CJ pointing that he has already spoken publicly about the issue, according to the source.
Joshi was rejected by the parliamentary hearing committee 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 had taken return of Joshi as defiance of its power. Joshi was the senior most justice after appointment of Mishra as CJ. The senior most justice serves as a member of the Judicial Council, that recommends justices and investigates complaints against them, and the constitutional bench.
